January 2018 

Casey Tyler and Charlotte Buys Co-Author Article on the Implications that Possible Reforms to the ACA Might Have on the Collateral Source Rule and Calculating Damages in Medical Malpractice Actions

HPS Partner Casey Tyler and HPS Law Clerk Charlotte Buys co-authored an article titled “The Affordable Care Act and Nevada’s Collateral Source Rule in Medical Malpractice Actions,” that was published in the January 2018 issue of Nevada Lawyer, the official magazine of the State Bar of Nevada.

The article touches on the history of Nevada’s Collateral Source Rule, Nevada’s statutory exceptions to such rule and the potential introduction of evidence regarding the Affordable Care Act (ACA). It concludes that while it is unclear how individual Nevada courts might rule on this issue, the potentially significant reduction in verdict value by way of future life care plans contemplating the ACA makes it well worth the effort to attempt introduction of such information. It also explores the reasons why it is imperative for litigators and courts to keep abreast of changes to health care legislation on both the national and state level since changes to the current legislation may affect this and other medical malpractice tort reform and related statutory enactments.

Read the full article,“The Affordable Care Act and Nevada’s Collateral Source Rule in Medical Malpractice Actions.”