this statute which is the final production amount of recovery has been determined by the legislature and the supreme court to modify the collateral source rule in medical malpractise cases allows for a reduction of one hundred percent yes but but what we're talking about here really is something different we're not talking about haider payable we're talking about this case the medical provider medical care provider the hospital doctor has written o be you know i don't it's conferred in this case would be the full amount of the medical bills regardless of write offs and that would be allowed a non medical case at this statute i'm not challenging essentially said if this court were to take the defendant's position to be extreme and apply it when the plaintiff paid his or her own medical bills she would never hear she would never be able to recover and i have to admit to chuckle when i read that because two twelve five is a complication of the collateral source and it's an exception to the collateral source wall so when mr miller pays his own medical benefits here now one of the rules of drafting is we are not the lead words i said ok i see we're one hundred percent of the benefits provided for medical charters there would be a pretty good argument if it stopped liabilities and write off hundred dollars of its liability the same net result happens right yes the there's a benefit paid to the corporation by the right and i think that's it that's an r all of our collective understand missed every bit of sense in the world except we're dealing with a statute which is said but it's got to be paid not written off in effect if the statute says there have to be no question but you'd lose and go to trial and think the plaintiffs on the witness stand and the question from the plaintiff's attorneys are these are medical bills yes are they paid yes of course they are they're paid by right off they're paid by insurance they're paid by co insurance and they're paid by deductible there's more than one way to pay a that would have ended this controversy with your honor i think your approach to the definition of a perhaps different from the one as and i don't have a dictionary in front of me but if i open it up and check checked the verb more was there cash for that now i think what i'm asking you to do is to look at the statute apply it as it is written but not so now now with the blinders that payment is only one for payment in our world is perhaps a multiple different ways to accomplish the same reduction in the amount of an obligation i can't get past that and it's clearly an exception to common law but i'm not going to be believing the statute of it's commas and it punctuation you know i think we should apply it as written i think those modifiers are bare and  phrases are set off for a purpose and that we should honor that purpose because the purpose of the whole statute of two twelve five actions second section is to prevent a double recovery that your honor has already mentioned a medical bills are paid satisfied benefits are conferred to the extent there's no subrogation right in a health care malpractise case there's a reduction in the judge here you made a very interesting good response to the questions i've raised about paid i'm just too i'm saying that in order to say this so often when we ask for bills and payment history and who's your insurance here nowadays i just get two words collateral source and even objection collateral source and so i'm not asking for an advisory opinion as you write your opinion but i would invite you to feel free to comment on the procedure that we did employ hearing and so that  perhaps if we review your opinion in the future we'll know it's all right to ask for this and information beforehand it would be helpful both to dependents and to the plague what do the trial court say about essentially an evolution of collateral for one medical malpractise case they're seeking one hundred overproduction one hundred percent of whatever was of the building non essential and so that in this case one hundred thirty three