Rule 409. Payment of Medical and Similar Expenses.
Evidence of furnishing or offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury.
This rule is identical to F.R.E. 409 and is consistent with prior Pennsylvania law. See 42 Pa.C.S. § 6141(c) (payment to injured person and others generally not admissible) (text quoted in Comment to Pa.R.E. 408); Burns v. Joseph Flaherty Co., 278 Pa. 579, 123 A. 496 (1924) (guarantee of medical expenses cannot be used as basis for liability). As with F.R.E. 409, ancillary statements made in the course of paying, offering to pay, or promising to pay, medical, hospital, or similar expenses are not excluded by this rule. However, they may be excluded by Pa.R.E. 408.
The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384. Immediately preceding text appears at serial pages (276575) to (276576).
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