Nance Ex Rel. Nance v. Westside Hospital

OPINION

FONES, Justice.

In this medical malpractice case, which has not been tried on its merits, the threshold issue is whether worker’s compensation benefits are included in a section of the Medical Malpractice Act of 1975 that gives health care providers a reduction in damages for benefits available to tort victims from several specifically named collateral sources “or any other source.” If worker’s compensation benefits are included, Nance and Stauffer raise two additional issues: (1) whether the section is constitutional; (2) whether the employer, Stauffer, is entitled to enforce its…