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Attorney Fees Not Recoverable In Peer Review Case After Treatment Denied

Posted Scott B. Cooper on Feb 21, 2013 in News


Posted on Feb 21, 2013

 

Attached is the link to the Supreme Court Majority Opinion from February 20, 2013 in Herd v. State Farm.  The majority of the Court reverses the Superior Court opinion and holds that attorneys fees are NOT collectible where a provider challenges a peer review decision and the court finds treatment reasonable and necessary.  The Majority finds that there is no explicit authorization for a court to award attorneys fees in the peer review statute and the American Rule applies.

http://www.pacourts.us/assets/opinions/Supreme/out/J-119-2012mo.pdf 

Anyone who desires a copy of the Supreme Court Opinion can feel free to email Scott Cooper at Schmidt Kramer Pennsylvania Car Accident Lawyers at scooper@Schmidt Kramer.com or call him at 717-888-8888.

If you have any Pennsylvania auto insurance issues or have been injured in a Pennsylvania car accident or a loved one has been injured or killed in a car accident contact Schmidt Kramer Car Accident Lawyers at 717-888-8888 and we will answer any questions you have about the Pennsylvania car accident and the legal rights you may have due to the personal injury and losses involving any Pennsylvania car accident, especially if you may need a lawyer for the Central Pennsylvania car accident.

Also, download our booklet on Who Pays Your Medical Bills When You Are Injured in A Car Accident?

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