Evidence Of Medical Discounting

Law360, New York (October 12, 2009, 2:19 PM EDT) -- Historically, the collateral source rule has barred the admissibility of evidence at trial to show that a plaintiff's losses have been compensated from other sources, such as the plaintiff's insurance or workers’ compensation benefits.

This rule has been extended not only to actual payments by insurance companies or employers, but also to the practice of medical care providers’ discounting of bills.

It is often argued that the collateral source evidence rule keeps important information relevant to the determination of damages from reaching the jury, allowing plaintiffs...
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