§ 9-19-34.1 - Collateral source rule in medical malpractice actions.
SECTION 9-19-34.1
§ 9-19-34.1 Collateral source rule inmedical malpractice actions. – In the event the defendant so elects, in a legal action based upon a cause ofaction arising after January 1, 1987, for personal injury against a licensedphysician, hospital, clinic, health maintenance organization, professionalservice corporation providing health care services under chapter 5.1 of title7, dentist, or dental hygienist based upon professional negligence, thedefendant may introduce evidence of any amount payable as a benefit to theplaintiff as a result of the personal injury pursuant to any state incomedisability or workers' compensation act, any health, sickness or incomedisability insurance, accident insurance that provides health benefits orincome disability coverage, and any contract or agreement of any group,organization, partnership, or corporation to provide, pay for, or reimburse thecost of medical, hospital, dental, or other health care services. Where thedefendant elects to introduce such evidence, the plaintiff may introduceevidence of any amount which the plaintiff has paid or contributed to securehis or her right to any insurance benefits concerning which the defendant hasintroduced evidence. When such evidence is introduced, the jury shall beinstructed to reduce the award for damages by a sum equal to the differencebetween the total benefits received and the total amount paid to secure thebenefits by the plaintiff or the court may ascertain the sum by specialinterrogatory and reduce the award for damages after verdict. Whenever an awardis so reduced, the lien of any first party payor who has paid such a benefitagainst the judgment shall be foreclosed and the plaintiff shall have no legalobligation to reimburse the payor.