How do you get evidence of past medical expenses into evidence? Today I'll examine the foundation you'll need to establish for admission; tomorrow, I'll take a look at the use of requests for admissions to lay this foundation; and on Wednesday, I'll discuss some pointers and tips from my own practice. This discussion is meant to be a general overview without case citations; should you have a burning desire for case citations, please e-mail me and I'll try to help.
To get medical bills into evidence, you'll need to prove: (a) plaintiff has paid or become liable to pay the medical bills; (b) plaintiff necessarily incurred the medical expenses because of injuries resulting from the defendant's negligence; and (c) the charges were reasonable for services of that nature.
The first element can be established by the plaintiff; the second generally requires expert testimony by the treater or your expert; the third is established by testimony by the plaintiff that the bills were paid. If a bill is unpaid, you will need to introduce evidence by a person having knowledge of the services rendered and the usual and customary charges for the services. This testimony can come from the treater, or from a record custodian or credit manager from the medical provider, who can testify about the provider's usual and customary charges.