Missouri Revised Statutes Section 490.715: a Toothless Attempt to Limit the Recovery of Medical Expense Write-Offs. - Missouri Law Review

Missouri Revised Statutes Section 490.715: a Toothless Attempt to Limit the Recovery of Medical Expense Write-Offs.

By Missouri Law Review

  • Release Date: 2011-03-22
  • Genre: Law

Description

I. INTRODUCTION Well-established case law in Missouri provides that damages should be compensatory only (1) and a plaintiff is entitled to only one satisfaction for the same injury. (2) However, the collateral source rule operates in contravention of otherwise well-accepted tort principles in that it often results in double recovery. (3) Under the collateral source rule, proving a plaintiff already received compensation from a collateral source cannot reduce the amount of damages awarded. (4) Thus, an injured plaintiff can recover twice: once from his or her own insurance provider and again from the defendant.