Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
CIVIL CODE SECTION 3333.1 DOES NOT PERMIT THE INTRODUCTION OF THE DEFENDANTS’ PROFFERED EVIDENCE
Presumably, the defendant will assert that Civil Code Section 3333.1 permits the introduction of the information regarding future receipt of services from government agencies. Defendant’s assertion is incorrect.
Civil Code Section 3333.1 provides in pertinent part:
“In … an action for [medical] negligence, [the defendant] may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental or other health care services.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The collateral source rule provides that if any injured party received some compensation for his injuries from a source wholly independent of the tortfeasor, such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor. Hrnjak v. Graymar, Inc. (1971) 4 Cal.3d 725, 729. (Emphasis added). It is not a requirement of the operation of the rule that the claimant have paid for or earned the benefit in question. See Hrnjak, supra, 4 Cal.3d at 729-730; Restatement (Second) of Torts, Section 920A. (See Part 4 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.