Medical Expenses

It is important in your proof to get your documents into evidence. This can be accomplished in multiple ways and the procedures for doing so vary depending whether you are in the district court or the circuit court.

District Court Procedure: Courts and Judicial Proceedings Article 10-104 provides in pertinent part as follows: 60 days before trial you must serve pursuant to MD Rule 1-321a notice of intent to offer medical records and billing statements and provide a list to identify each record and the actual report/bill. Also you must then file with the court a Notice of Service which list and identifies each record. Upon completion of this task it is no longer necessary for you to bring in an expert to testify on causation or that the medical cost were fair reasonable and necessary. Also, it is no longer necessary to subpoena records custodians to court to have the records entered into evidence as business records. it is important to note that you can use this same procedure in the event your case is moved to the circuit court on the defendant's request for jury trial. Provided you do not seek damages in excess of the district court limit of $25,000.00.

Circuit Court Procedure: In the circuit court I use each of the following methods:

1. Request for Admission of Fact: I do not generally find that procedure functional. I mention it because it is available. However, generally in my experience defendant's counsel simply deny the allegations. While I recognize a failure to deny is an admission, I have not yet seen a situation where defendant's counsel fell asleep at the wheel and failed to deny. The rule has no teeth as an unreasonable denial is not subject to sanction. However you can try to recover cost later.

2. Stipulation by Pre-trial Statement. You will eventually appear before the court for a settlement conference. This is a good time to get a stipulation to your documents. Defendant's counsel are in my experience very professional attorneys. They have no reason not to agree the records are authentic. Additionally, they have no interest in appearing unreasonable to the court. You simply list your documents in the pre-trial statement and request the court to inquire if defendant's counsel has any objection to the admissibility.

3. Expert Testimony. When you review further into the web sight you will find a section on expert testimony. You can also use the expert as a way to get your records into evidence. I will mention the records will come into evidence however using this method the records do not come in as proof of injury, they come in only as the basis for the expert's opinion. It is necessary to have the expert testify that he reviewed the records, he relied upon their content in reaching his opinion and that it is customary in his profession to rely upon such information.

4. MD Rules 5-803(6) and 5-902(11) . This is my favorite means of having records entered into evidence. It requires advanced planning as the records properly must be support by the affidavit of the records custodian. To proceed in this manner order your records; secure the custodian certificates; forward the medical records and bills to defendant's counsel; and file a notice of service to the court. As an extra measure of safety I also include with filing a list of the records by date and service and cost incurred. 

5. Subpoena. Simply subpoena the records custodians to appear in court with the records.

Lost Wages - the Plaintiff is entitled to recover for past, present and future lost wages and lost or diminished earning capacity.

 The plaintiff is competent to simply testify that he missed time from work as a result of the injury sustained in the accident. This testimony should properly be corroborated by medical disability slips, also you would get into evidence recent pay stubs and last years tax returns to prove employment and income.

A plaintiff's damages for lost earnings "are not to be reduced because of the payment of his wages by his employer during the period of disability due to the accident, Plank v. Summers,[473 A.2d 956]  203 Md. 552 [102 A.2d 262] see also Leizear v. Butler, 226 Md. 171, 175, 172 A.2d 518 (1961)

Loss of Consortium

There is no individual right of recovery to a single spouse, both must bring this action jointly and plead the claim as a separate claim. The losses that are recoverable are loss of society, affection, assistance, conjugal fellowship, marital compatibility and companionship. The damages cap will not apply to the claim for loss of consortium.

Loss of Earning Capacity

(refers to loss income based on actual loss and/or salary reduction):  proof is testimony of: MEDICAL PROVIDER that there is (1) permanency; (2) future probability of pain causing disability: and (3) the reasonable probability of the future loss (4) familiar with physical requirement of plaintiff's former job; an ACTUARY or ECONOMIST may testify as to work life expectancy, reduced to present value in death cases and tax consequences outlined; You may also consider the use of a Vocation Rehabilitation expert.

Diminished Earning Capacity (refers to the loss of future earnings based upon a shortened life expectancy and/or salary reduction): proof is testimony of: MEDICAL PROVIDER (1) permanency; (2) future probability of pain causing disability: (3) the reasonable probability of the future loss (4) familiar with physical requirement of plaintiff former job; or in the case of death – (5) doctor testimony of the probability of plaintiff's life expectancy; ACTUARY or ECONOMIST may testify as to work life expectancy in the event of death this recovery must be reduced to present value and tax consequences considered.

Transportation Cost

The cost are recoverable. The plaintiff must prove the travel cost are fair and reasonable and incurred in connection with medical treatment to and from the doctors and hospitals

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