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 and suggests additional statutory changes to limit the enigmatic recovery of write-off damages in Missouri. While the recent interpretation of section 490.715 has effectively abrogated the collateral source doctrine with respect to medical bill admissibility, for the recovery of write-off damages to be truly limited, the collateral source rule must be abolished and correspondingly the amount billed must be withheld from the jury.
Missouri Revised Statutes Section 490.715: A Toothless Attempt to Limit the Recovery of Medical Expense Write-Offs,
76 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol76/iss2/7