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(DOWNLOAD) "Missouri Revised Statutes Section 490.715: a Toothless Attempt to Limit the Recovery of Medical Expense Write-Offs." by Missouri Law Review ~ eBook PDF Kindle ePub Free

Missouri Revised Statutes Section 490.715: a Toothless Attempt to Limit the Recovery of Medical Expense Write-Offs.

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eBook details

  • Title: Missouri Revised Statutes Section 490.715: a Toothless Attempt to Limit the Recovery of Medical Expense Write-Offs.
  • Author : Missouri Law Review
  • Release Date : January 22, 2011
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 341 KB

Description

I. INTRODUCTION Well-established case law in Missouri provides that damages should be compensatory only (1) and a plaintiff is entitled to only one satisfaction for the same injury. (2) However, the collateral source rule operates in contravention of otherwise well-accepted tort principles in that it often results in double recovery. (3) Under the collateral source rule, proving a plaintiff already received compensation from a collateral source cannot reduce the amount of damages awarded. (4) Thus, an injured plaintiff can recover twice: once from his or her own insurance provider and again from the defendant.


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