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The Collateral Source Rule and State-Provided Services

By Ashley Reitz Peinhardt

As discussed last month, most states adhere to the collateral source rule to preclude defendants in medical malpractice suits from presenting the jury with evidence that public benefits, such as state-provided special education and therapy, may be available to the plaintiff. Not all states have fallen in line with this general rule, however. In addition, state legislatures are often called upon to reduce or reshape the influence of the collateral source rule on those things juries may consider when awarding damages.

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