Damages paid by defendant prior to trial may be introduced but iswaiver of credit against judgment--evidence of medical treatmentrendered permitted, when (collateral source rule modified).
490.715. 1. No evidence of collateral sources shall be admissibleother than such evidence provided for in this section.
2. If prior to trial a defendant or his or her insurer or authorizedrepresentative, or any combination of them, pays all or any part of aplaintiff's special damages, the defendant may introduce evidence that someother person other than the plaintiff has paid those amounts. The evidenceshall not identify any person having made such payments.
3. If a defendant introduces evidence described in subsection 2 ofthis section, such introduction shall constitute a waiver of any right to acredit against a judgment pursuant to section 490.710.
4. This section does not require the exclusion of evidence admissiblefor another proper purpose.
5. (1) Parties may introduce evidence of the value of the medicaltreatment rendered to a party that was reasonable, necessary, and aproximate result of the negligence of any party.
(2) In determining the value of the medical treatment rendered, thereshall be a rebuttable presumption that the dollar amount necessary tosatisfy the financial obligation to the health care provider represents thevalue of the medical treatment rendered. Upon motion of any party, thecourt may determine, outside the hearing of the jury, the value of themedical treatment rendered based upon additional evidence, including butnot limited to:
(a) The medical bills incurred by a party;
(b) The amount actually paid for medical treatment rendered to aparty;
(c) The amount or estimate of the amount of medical bills not paidwhich such party is obligated to pay to any entity in the event of arecovery.
Notwithstanding the foregoing, no evidence of collateral sources shall bemade known to the jury in presenting the evidence of the value of themedical treatment rendered.
(L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
Damages paid by defendant prior to trial may be introduced but iswaiver of credit against judgment--evidence of medical treatmentrendered permitted, when (collateral source rule modified).
490.715. 1. No evidence of collateral sources shall be admissibleother than such evidence provided for in this section.
2. If prior to trial a defendant or his or her insurer or authorizedrepresentative, or any combination of them, pays all or any part of aplaintiff's special damages, the defendant may introduce evidence that someother person other than the plaintiff has paid those amounts. The evidenceshall not identify any person having made such payments.
3. If a defendant introduces evidence described in subsection 2 ofthis section, such introduction shall constitute a waiver of any right to acredit against a judgment pursuant to section 490.710.
4. This section does not require the exclusion of evidence admissiblefor another proper purpose.
5. (1) Parties may introduce evidence of the value of the medicaltreatment rendered to a party that was reasonable, necessary, and aproximate result of the negligence of any party.
(2) In determining the value of the medical treatment rendered, thereshall be a rebuttable presumption that the dollar amount necessary tosatisfy the financial obligation to the health care provider represents thevalue of the medical treatment rendered. Upon motion of any party, thecourt may determine, outside the hearing of the jury, the value of themedical treatment rendered based upon additional evidence, including butnot limited to:
(a) The medical bills incurred by a party;
(b) The amount actually paid for medical treatment rendered to aparty;
(c) The amount or estimate of the amount of medical bills not paidwhich such party is obligated to pay to any entity in the event of arecovery.
Notwithstanding the foregoing, no evidence of collateral sources shall bemade known to the jury in presenting the evidence of the value of themedical treatment rendered.
(L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
Damages paid by defendant prior to trial may be introduced but iswaiver of credit against judgment--evidence of medical treatmentrendered permitted, when (collateral source rule modified).
490.715. 1. No evidence of collateral sources shall be admissibleother than such evidence provided for in this section.
2. If prior to trial a defendant or his or her insurer or authorizedrepresentative, or any combination of them, pays all or any part of aplaintiff's special damages, the defendant may introduce evidence that someother person other than the plaintiff has paid those amounts. The evidenceshall not identify any person having made such payments.
3. If a defendant introduces evidence described in subsection 2 ofthis section, such introduction shall constitute a waiver of any right to acredit against a judgment pursuant to section 490.710.
4. This section does not require the exclusion of evidence admissiblefor another proper purpose.
5. (1) Parties may introduce evidence of the value of the medicaltreatment rendered to a party that was reasonable, necessary, and aproximate result of the negligence of any party.
(2) In determining the value of the medical treatment rendered, thereshall be a rebuttable presumption that the dollar amount necessary tosatisfy the financial obligation to the health care provider represents thevalue of the medical treatment rendered. Upon motion of any party, thecourt may determine, outside the hearing of the jury, the value of themedical treatment rendered based upon additional evidence, including butnot limited to:
(a) The medical bills incurred by a party;
(b) The amount actually paid for medical treatment rendered to aparty;
(c) The amount or estimate of the amount of medical bills not paidwhich such party is obligated to pay to any entity in the event of arecovery.
Notwithstanding the foregoing, no evidence of collateral sources shall bemade known to the jury in presenting the evidence of the value of themedical treatment rendered.
(L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
