Legal Question in Medical Malpractice in California

In a California wrongful death medical malpractice case, does the fact that a case is an arbitration case allow the defendant health care provider to ask the surviving husband/plaintiff to identify any monies received by him, the Claimant, related to the Decedent's care received up to and including the Decendent's death? Wouldn't this be in violation of the Collateral Source Rule? The authority for this seems to be Civil Code sec. 3333.1, but I want to be absolutely sure.


Asked on 2/13/12, 5:16 pm

2 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Yes, in the context of medical malpractice it is allowed. Goes to show the power of medical lobby to pass exemptions from laws applicable to anuyone else.

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Answered on 2/16/12, 12:13 am


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