In The News

In The News

Monday, March 19, 2012


By Michael Nichols
Categories: Personal Injury

Damage done to surgical implants, or the requirement of new implants in event of personal injury is a cost the Court of Appeals thinks should be billed wholesale to insurance companies.

In Bronson Methodist Hospital v. Home-Owners Ins. Co, the person injured in an automobile accident required surgical implant products to repair broken bones. The plaintiff was the medical care provider or doctor. The question was whether the injured person’s auto insurance company or the no-fault carrier had the right to request the doctor to provide the actual/wholesale cost of the implant or metal used to repair the broken bones. The Court of Appeals said yes. Since the surgical implants are stand-alone items that can be easily quantified, the doctor had to disclose what it cost the doctor to purchase surgical implants.

 This case involved surgical implant products being used by a medical provider to treat an auto-accident victim. The no-fault insurer paid the bulk of the charges billed by the doctor but questioned the charges for the implant products.  The auto insurance company disputed the product charges as reasonable under the no-fault act and requested the wholesale cost of these products. Apparently, the insurance company alleged the doctor charged the insurance company more than what the actual cost was for the product. The doctor refused to disclose the information.
The Court of Appeals found that the no-fault act permits the automobile insurance company to discover the doctor’s wholesale cost of surgical implant products for which the injured person was charged in order to question the reasonableness of the fees being charged by the doctor.
If you, or someone you know has been injured and needs an attorney, call Wendy Schiller-Nichols at 517-432-9000. 

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Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

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