Proving Future Medical Expenses

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

We have alluded to in past episodes that Indiana has an evidence rule, called Rule 413, which provides that statements of charges for medical, hospital, or other health care expenses for diagnosis or treatment occasioned by an injury are admissible into evidence and constitute proof that the charges are reasonable.

The rule does not explicitly limit itself to medical charges that have already been incurred.

Can this rule be used to admit proof of medical bills likely to be incurred in the future?

I would argue no.

However, some attorneys have tried, so far unsuccessfully, to admit a letter from a doctor stating that in the future the injured person will need to have surgery and that the surgery will cost X dollars for the surgeon and hospital care required.

It makes sense to not permit future charges to be proven simply by a handwritten estimate of future charges.

The thing that makes existing charges credible is that they are for services already rendered and the charges can be compared against existing billing practices to determine if the charges are fair and reasonable.

No such protections exist for future charges.

So far, court decisions hold that the only way to establish future medical costs is through the admissible testimony of a competent medical witness.

The witness must be competent to testify as to charges for services. Further, the medical need for the future services in question must be supported by the testimony of a medical witness who has testified that the proposed care is reasonable and necessary and related to the injury incident in question.

Could Indiana courts change in the future, and rule that you can prove future medical bills by just submitting an estimate from a doctor?

I suppose anything is possible. That’s what makes the future such an interesting place to visit.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”