Collateral Source Rule: Benefits received by the plaintiff from a collateral source (i.e., health-care insurance provider) will not diminish damages otherwise recoverable from the defendant.
Issue ruled on by the Illinois Supreme Court: Can a plaintiff recover as damages the entire amount billed by health-care providers for medical services, or whether a plaintiff is limited to recovering the discounted amount actually paid for the medical services by the plaintiff's insurance carrier?
The majority does not really answer the question directly. I suggest reading the dissent for a complete analysis of the majority's very confusing opinion. As the dissent points out, this opinion is likely to cause much confusion when the reasonableness of a plaintiff's medical expenses are at issue.
Held: The plaintiff may present [not necessarily recover] to the jury the amount that her health-care providers initially billed for services rendered.
Note: This should not be used or relied upon as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only and you are encouraged to consult with an attorney regarding any specific legal question you may have.
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