Under Rule 408(b), which item is not admissible to prove liability?

• A. Evidence of furnishing, promising to pay, or offering to pay medical expenses
• B. Evidence of medical expenses paid by the defendant
• C. Medical bills paid to the plaintiff
• D. Evidence that furnishing, promising to pay, or offering to pay medical expenses is not admissible to prove liability

Answer: (D)

Under Rule 408, evidence that someone furnishes, promises to pay, or offers to pay medical expenses resulting from an injury is not admissible to prove liability. The reason is to prevent the jury from equating paying medical costs with admitting fault, which could unfairly bias the outcome. So the not-admissible item described by the rule is the act of furnishing, promising to pay, or offering to pay medical expenses itself. The fact that someone paid medical bills or who paid them can be relevant for other purposes (such as bias or credibility) but not to prove who is liable for the injury.