Delaware has partially eliminated the collateral source rule. The defendant can offer evidence of public collateral sources of compensation, including future benefits, and any prospective changes in marital, financial or other status of any person seeking or benefiting from such damages. However, a defendant in a medical malpractice case cannot offer collateral payment evidence such as life insurance or private collateral sources of compensation.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.