Scott v. Garfield, 454 Mass. 790 (2009)

Citation: Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document: Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-09-15
Original Source: https://www.courtlistener.com/opinion/6580039/scott-v-garfield/ ↗

Full Text

872 chars

Here, the judge properly excluded from the jury’s consideration the amounts paid to Scott’s health care providers. The collateral source rule required that the amounts actually paid to the health care providers by the health insurer be redacted on the medical bills admitted in evidence.11 In any event, there could be no abuse of discretion here. Despite the defendants’ argument that the jury, in determining Scott’s reasonable medical expenses, should have been allowed to consider, in addition to the amounts billed, the amounts actually accepted by the health care providers as full payment, the defendants made no evidentiary proffer, i.e., a showing that the health care providers had agreed to accept as full payment some amount less than the amount billed, that would have laid the foundation for such a challenge to the application of the collateral source rule.

Other Sections in This Document (57)

Full Text