Florida Statutes
Fla. Stat. § 90.409 (2025)
Payment of medical and similar expenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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90.409 Payment of medical and similar expenses.—Evidence of furnishing, or offering or promising to pay, medical or hospital expenses or other damages occasioned by an injury or accident is inadmissible to prove liability for the injury or accident.
Notes of Decisions
Cited in 4
cases, 1993–2015 · leading case: Gwendolyn Echo v. MGA Ins. Co., Inc., 157 So. 3d 507 (Fla. 1st DCA 2015).
Gwendolyn Echo v. MGA Ins. Co., Inc., 157 So. 3d 507 (Fla. 1st DCA 2015). “that MGA waived its misrepresentation defense or confessed judgment when it made personal injury protection (PIP) payments to Appellant’s medical care providers after Appellant filed suit; 2) finding Appellant lacked standing to assert her waiver and confession of judgment…”
USAA Cas. Ins. Co. v. Shelton, 932 So. 2d 605 (Fla. 2d DCA 2006). “Judge Torpy noted that, in his view, the circuit court had correctly ruled the evidence inadmissible because section 90.409, Florida Statutes (2003), "prohibits the introduction of `[e]vidence of furnishing, or offering, or promising to pay medical or hospital expenses.”
Wendell v. United Servs. Auto., 881 So. 2d 1178 (Fla. 5th DCA 2004). “Section 90.409 (2003), Florida Statutes, prohibits the introduction of "[e]vidence of furnishing, or offering or promising to pay medical or hospital expenses .”
Johnson v. State, 625 So. 2d 1297 (Fla. 1st DCA 1993). “The appellant asserts that this statute is applicable to criminal cases, despite the use of the word “liability,” rather than “guilt” or “culpability.”
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