Wednesday, December 29, 2010

Intro to the Federal Rules of Evidence - 15

3. Medical payments (FRE 409)

a. Inadmissible
Evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses is inadmissible if offered to prove liability for the injury. However, if offered for some other purpose, the rule doe not apply.

b. Rationale
To encourage assistance to an injured person (the Good Samaritan rule)

c. Comparison with FRE 408 & 410
Only the fact of the payment of medical expenses is excluded. Other admissions of fact are not excluded.

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