SB 847 - Under the act, special damages claimed by the plaintiff at trial that have been satisfied by a payment from a defendant or the defendant's insurer prior to trial are not recoverable. The defendant is entitled to deduct such payments towards special damages from any judgment as provided in current law.
Parties may introduce evidence of the actual cost, rather than the value, of the medical care or treatment to the plaintiff. The act repeals a provision of law which provides that there is a rebuttable presumption that the value of the medical treatment provided is represented by the dollar amount necessary to satisfy the financial obligation to the health care provider. The actual cost of the medical care or treatment shall not exceed the dollar amount paid or owed by a plaintiff for medical care or treatment by a health care provider after adjustment for any contractual discounts, price, reduction, or write-off by any entity.
Evidence of future medical care or treatment is limited to the amount necessary to satisfy the actual cost of the medical care or treatment.
This act is similar to SB 227 (2015).