Posted On: November 9, 2007
RESTITUTION WIN IN CALIFORNIA CRIMINAL CASES
The minor shot his friend in the head while playing with a loaded gun. He was ordered to pay over $1 million in restitution for medical expenses.
The Court of Appeal holds that the juvenile court is permitted to order victim restitution only for medical expenses actually expended or incurred.
The juvenile court here ordered restitution for the amounts billed. But Medi-Cal provides that a medical provider who accepts Medi-Cal payments for medical services rendered is barred from seeking any unpaid balance from the patient. So the amount billed but unpaid wasn't an actual medical expense.
In re Anthony M.; 2007 DJ DAR 16743; DJ, 11/9/07; C/A 3rd
