§ 9-19-34.1. Collateral source rule in medical malpractice actions.
In the event the defendant so elects, in a legal action based upon a cause of action
arising after January 1, 1987, for personal injury against a licensed physician, hospital,
clinic, health maintenance organization, professional service corporation providing
health care services under chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant may
introduce evidence of any amount payable as a benefit to the plaintiff as a result
of the personal injury pursuant to any state income disability or workers' compensation
act, any health, sicknes
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§ 9-19-34.1. Collateral source rule in medical malpractice actions.
In the event the defendant so elects, in a legal action based upon a cause of action
arising after January 1, 1987, for personal injury against a licensed physician, hospital,
clinic, health maintenance organization, professional service corporation providing
health care services under chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant may
introduce evidence of any amount payable as a benefit to the plaintiff as a result
of the personal injury pursuant to any state income disability or workers' compensation
act, any health, sickness or income disability insurance, accident insurance that
provides health benefits or income disability coverage, and any contract or agreement
of any group, organization, partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or other health care services. Where the defendant
elects to introduce such evidence, the plaintiff may introduce evidence of any amount
which the plaintiff has paid or contributed to secure his or her right to any insurance
benefits concerning which the defendant has introduced evidence. When such evidence
is introduced, the jury shall be instructed to reduce the award for damages by a sum
equal to the difference between the total benefits received and the total amount paid
to secure the benefits by the plaintiff or the court may ascertain the sum by special
interrogatory and reduce the award for damages after verdict. Whenever an award is
so reduced, the lien of any first party payor who has paid such a benefit against
the judgment shall be foreclosed and the plaintiff shall have no legal obligation
to reimburse the payor.