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Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

Effective - 28 Aug 2005, 2 histories, see footnote (history) bottom

  490.715.  Damages paid by defendant prior to trial may be introduced but is waiver of credit against judgment — evidence of medical treatment rendered permitted, when (collateral source rule modified). — 1.  No evidence of collateral sources shall be admissible other than such evidence provided for in this section.

  2.  If prior to trial a defendant or his or her insurer or authorized representative, or any combination of them, pays all or any part of a plaintiff's special damages, the defendant may introduce evidence that some other person other than the plaintiff has paid those amounts.  The evidence shall not identify any person having made such payments.

  3.  If a defendant introduces evidence described in subsection 2 of this section, such introduction shall constitute a waiver of any right to a credit against a judgment pursuant to section 490.710.

  4.  This section does not require the exclusion of evidence admissible for another proper purpose.

  5.  (1)  Parties may introduce evidence of the value of the medical treatment rendered to a party that was reasonable, necessary, and a proximate result of the negligence of any party.

  (2)  In determining the value of the medical treatment rendered, there shall be a rebuttable presumption that the dollar amount necessary to satisfy the financial obligation to the health care provider represents the value of the medical treatment rendered.  Upon motion of any party, the court may determine, outside the hearing of the jury, the value of the medical treatment rendered based upon additional evidence, including but not limited to:

  (a)  The medical bills incurred by a party;

  (b)  The amount actually paid for medical treatment rendered to a party;

  (c)  The amount or estimate of the amount of medical bills not paid which such party is obligated to pay to any entity in the event of a recovery.  

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Notwithstanding the foregoing, no evidence of collateral sources shall be made known to the jury in presenting the evidence of the value of the medical treatment rendered.

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(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, 538.305


---- end of effective   28 Aug 2005 ----

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@09:36:53.3 37 :)