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.

Note:

This rule is identical to the federal rule. Formerly, South Carolina law, while generally prohibiting the admission of evidence of offers to pay, or payment of, medical or other expenses, McIntire v. Winn Dixie Greenville, Inc., 275 S.C. 323, 270 S.E.2d 440 (1980), did allow its admission if the circumstances surrounding the payment indicated an admission of liability rather than an act of benevolence. Crosby v. Southeast Zayre, Inc., 274 S.C. 519, 265 S.E.2d 517 (1980). The rule strictly prohibits the admission of evidence of offers to pay, or payment of, medical or other similar expenses.