§409 Payment of Medical and Similar Expenses

• Library: Evidence Restated Deskbook (2021 Ed.)

§409 Payment of Medical and Similar Expenses

Evidence of furnishing, offering to pay, or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.

Notes

Missouri caselaw prohibits evidence of furnishing, offering to pay, or promising to pay medical, hospital, or similar expenses occasioned by an injury when offered to prove liability for the injury. See:

· Dister v. Ludwig, 240 S.W.2d 694, 700 (Mo. 1951) ("The fact that [the defendant] offered to pay all of plaintiff's medical expenses is not admissible as an admission of fault.")

· Smith v. Fine, 175 S.W.2d 761, 767 (Mo. 1943) (a statement made by the driver to a pedestrian struck by the defendant's car to the effect that he wanted the plaintiff "to have what was necessary in the way of medical attention and that . . . he was going to take care of plaintiff" was improperly admitted because it was a statement of "an offer of remedial assistance")

· State ex rel. S.S. Kresge Co. v. Shain, 101 S.W.2d 14, 19 (Mo. 1936) (a humane act by a corporation—such as furnishing necessary medical attention to an employee who is injured in the course of employment—should not be turned against the corporation as an admission of negligence and liability; in this action for personal injuries, an argument by the plaintiff's attorney that the defendant would not have provided costly medical attention to the plaintiff unless it knew that it was liable for the injuries was held to be...