Section 11 Substantive Evidence of Reasonableness and Necessity

• Library: Damages 2012

Recovery for medical expenses incurred as a result of a defendant’s negligence in a personal injury action depends on proof of the necessity and reasonableness of the medical expenses incurred. Schaeffer v. Craden, 800 S.W.2d 165, 166 (Mo. App. E.D. 1990). There must be substantial evidence that the charges were reasonable and represent services that were reasonably necessary to treat, alleviate, or cure injuries sustained as a result of the incident. Long v. Mo. Delta Med. Ctr., 33 S.W.3d 629, 640 (Mo. App. S.D. 2000).

The mere mailing of a statement to an injured party for a specific amount charged for medical or hospital services does not supply the substantial evidence required as to the services being reasonable and necessary. Spica v. McDonald, 334 S.W.2d 365, 371 (Mo. 1960). In Spica, the Court noted that none of the medical witnesses at the trial had expressed any opinion on the reasonableness of the charges in question. Further...