Louisiana's Collateral Source Rule: Eliminating the "Windfall" Arising from Medical Expenses Write-Offs

Abstract

The collateral source rule—a fundamental principle of United States’ tort law since the mid-1800s—has fallen under attack in recent years. As of 2009, “forty-two jurisdictions ha[d] enacted and retained some form of statute . . . restrict[ing] the collateral source rule.” Louisiana is one of the few jurisdictions that has not yet statutorily restricted its rule. While persuasive arguments are voiced by both supporters and opponents of the rule, Louisiana’s acceptance of this Comment’s proposal would strike a proper balance in the debate over the rule’s existence.