Coburn by and Through Coburn v. Agustin

OPINION

THEIS, District Judge.

This is an action for medical malpractice in which the minor plaintiff claims he sus tained permanent brain damage and other serious injuries as a result of the defendant doctor’s negligence. Defendant’s requested instruction number 59 would have informed the jury that it could consider collateral source payments to the plaintiff in mitigation of the plaintiff’s damages. The proposed instruction tracked the language of the Kansas Medical Malpractice Statute, effective July 1, 1985, which abrogates the collateral source rule in medical malpractice actions. 1985…