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. [L 1980, c 164, pt of §1]

RULE 409 COMMENTARY

  This rule is identical with Fed. R. Evid. 409, the Advisory Committee's Note to which says:

  Contrary to Rule 408, dealing with offers of compromise, the present rule does not extend to conduct or statements not a part of the act of furnishing or offering or promising to pay.  This difference in treatment arises from fundamental differences in nature.  Communication is essential if compromises are to be effected, and consequently broad protection of statements is needed.  This is not so in cases of payments or offers or promises to pay medical expenses, where factual statements may be expected to be incidental in nature.