Does the collateral source rule apply to medical malpractice cases?
California, United States of America
The following excerpt is from Fekete v. Sherman, E052589, Super.Ct.No. RIC524042 (Cal. App. 2012):
"When, as here, the costs of medical treatment are paid in whole or in part by a third party unconnected to the defendant, the collateral source rule is implicated. . . . The rule thus dictates that an injured plaintiff may recover from the tortfeasor money an insurer has paid to medical providers on his or her behalf." (Howell v. Hamilton Meats & Provisions, Inc., supra, 52 Cal.4th at p. 551.)
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