Medical bills should not be excepted from proper foundation

For the Defense

By Donald P. Eckler and Matthew Reddy

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. Matthew Reddy, also a partner at Pretzel & Stouffer, has substantial experience in civil trial litigation, with a focus on medical malpractice defense. He has tried dozens of jury trials involving claims of substantial damages. Their views are their own and not those of their firm or its clients.

Posted March 3, 2021 12:30 PM

Pursuant to Rule 102, the purpose of the Illinois Rules of Evidence is to promote “the end that the truth may be ascertained and proceedings justly determined.” In that regard, foundation for a witness’ knowledge about an issue is required to be shown in order for the witness’ testimony to be admitted.The Illinois Supreme Court in Wills v. Foster adopted the most radical version of the collateral source rule discussed in this space last week and on Aug. 19, 2020. That allows plaintiffs to recover for the total amount …

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