(a) In all actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.
(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.
(Acts 1987, No. 87-189, p. 261, §6.)
Notes of Decisions
Cited in
5
cases, 1995–2006 · leading case:
Marsh v. Green, 782 So. 2d 223 (Ala. 2000).
Marsh v. Green, 782 So. 2d 223 (Ala. 2000).
· cites it 21× “It does so in order to invigorate Ala.Code 1975, § 6-5-545, which was all but dead after this Court, only four years ago in Leahey , declared its counterpart, Ala.”
Mobile Infirmary Med. Ctr. v. Hodgen, 884 So. 2d 801 (Ala. 2003).
· cites it 6× “The trial court addressed the impact of the abolition of the collateral-source rule [6] by the enactment of § 6-5-545, Ala.Code 1975, as follows: "It is worth noting that the Court finds that collateral sources played a substantial factor in this case.”
Am. Legion Post No. 57 v. Leahey, 681 So. 2d 1337 (Ala. 1996).
· cites it 6× “Compare Ala.Code 1975, § 6-5-545, by which the legislature, at the same time [3] it enacted the provision codified at § 12-21-45, enacted for medical malpractice actions a provision almost identical [4] to § 12-21-45, also omitting any reference to the effect of the evidence on…”
Morales v. Barnett, 978 So. 2d 722 (Ala. Civ. App. 2006).
· cites it 2× “Code 1975, § 6-5-522 (making evidence that a “plaintiffs medical or hospital expenses have been or will be paid or reimbursed (1) by medical or hospital insurance, or (2) pursuant to the medical and hospital payment provisions of law governing workmen’s compensation” admissible…”
Royster v. Bd. of Trs. of the Univ. of Alabama, 656 So. 2d 365 (Ala. 1995).
“The legislature has exercised that power here, enacting § 6-5-546, a general statute of *368 statewide application; § 6-5-545 establishes the rule for determining proper venue for certain kinds of actions against health care providers.”
— Ala. Code § 6-5-545(a) — 1 case
Am. Legion Post No. 57 v. Leahey, 681 So. 2d 1337 (Ala. 1996).
“Compare Ala.Code 1975, § 6-5-545, by which the legislature, at the same time [3] it enacted the provision codified at § 12-21-45, enacted for medical malpractice actions a provision almost identical [4] to § 12-21-45, also omitting any reference to the effect of the evidence on…”
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