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/ ↗

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Nor was it error for the judge to instruct the jury that, “if the medical, hospital, rehabilitation, or physical therapy expenses were paid by a third party such as a medical insurance company or a health maintenance organization, that party can seek reimbursement from any amount paid from any judgment you may award.” The judge’s instruction correctly stated the law under the medical lien statute, G. L. c. Ill, § 70A. Nothing about the judge’s statement to the jury suggested that a third source had, in fact, paid Scott’s medical bills or that a medical lien existed. When considered in the context of an earlier jury instruction that the judge gave during the trial, where, in response to a requested question submitted by a juror whether Scott had health insurance, the judge declined the request and instructed the jury not to consider the issue of insurance in their deliberations, the judge’s instruction here was remedial in nature. The question from the juror made apparent that the issue whether Scott had health insurance had already entered into at least one juror’s *802consideration during the trial, and the judge’s instruction at that time, together with the statement that the defendants challenge here, adequately addressed the subject.

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