Today we'll take a look at the use of Requests for Admissions to establish the foundational elements needed to prove past medical expenses. (These foundational elements were discussed in the last post.) My form Request for Admissions dealing with medical bills looks like this:
1. Concerning Exhibit 1, which is attached, please admit:
(a) The genuineness and authenticity of the exhibit;
(b) The exhibit is a copy of a medical bill for services rendered to plaintiff, on the dates indicated on the exhibit, by [name of provider];
(c) The total charges for the services listed on the bill are [amount];
(d) The services reflected in the bill were necessary for the diagnosis or treatment of Plaintiff’s [condition at issue in the lawsuit];
(e) The services reflected in the bill were necessary for the diagnosis and treatment of injuries sustained by Plaintiff in the [type of accident] that is the subject of this case;
(f) The amount of the bill is reasonable; and
(g) The exhibit is a true, correct and complete copy of a genuine original.
In many cases, the defendant will admit all but (e), which will require expert testimony about causation. Even if the defendant fails to admit some of the other sub-parts, you will know when you receive the defendant's answers exactly what issues will be disputed at trial.