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Special Education and the Collateral Source Rule
It is often said that the fastest way to a mistrial is to mention the word “insurance” in front of the jury. This maxim refers to the collateral source rule, a central part of American medical malpractice litigation since the Civil War. But what about the words “public benefits” or “special education”? May these be brought up in court during a medical malpractice case?
Public Special Education And Therapy ' 'Collateral Sources'?
Medical negligence can cause physical and mental disabilities in infants, children and adults, and state-provided special education and therapy may be sought as a result. Education and therapy are often necessary when medical error causes injuries and brain damage to newborns and young children. The ages of these plaintiffs and the enormous cost of providing them with special education until they reach adulthood make the application of the collateral source rule to free, state-provided special education and therapy a crucial factor in determining the amount of the plaintiff's recovery for economic damages.
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