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University of Missouri School of Law

Journal

2011

Missouri law

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Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell Apr 2011

Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell

Missouri Law Review

This Article focuses objectively on whether the decision to limit the application of the collateral source rule in Missouri is in accord with modem trends and whether Missouri courts' recent interpretation of section 490.715 is consistent with the legislature's original intent. Part 1I reviews the history of the collateral source doctrine and the justifications supporting its retention. In Part IlI, this Article outlines the Missouri legislature's decision to modify the rule and analyzes subsequent court decisions applying section 490.715. In response to the recent legislative and judicial activity, Part IV concludes that modification of the collateral source doctrine was warranted …