To reduce a damage award in a medical malpractice case, the defendant may introduce evidence of collateral source payments to plaintiff for medical care including Obamacare and private medical insurance benefits that has already received or likely will receive in the future.
Civ. Code 3333.1, part of the Medical Injury Compensation Reform Act, allows the defendant in a medical malpractice case to introduce evidence of collateral source payments (other than Medi-Cal payments) to diminish the plaintiff’s damages. This case holds that the section permits introduction of evidence of likely future collateral source payments as well as payments that the plaintiff has already received from collateral sources. It also holds that evidence of payments likely to be received under Obamacare as well as under private health insurance policies is admissible under this section.
California Court of Appeal, First District, Division 1 (Dondero, J.); April 27, 2017; 2017 WL 1507913