Qualified Medical Expenses in Personal Injury

Posted by on February 15, 2014 in Personal Injury | 2 comments

When discussing personal injury cases, the first thing that comes to mind as qualified for compensation are medical expenses. After all, it is a personal injury lawsuit, which by definition not only requires proof of the defendant’s negligence but that physical injury or harm occurred because of this negligence. The latter requires medical records as proof of injury; ergo, medical expenses.

But just as quickly as it comes to mind does it depart, because there is no ambiguity in making a claim for medical expenses. It is all in black and white, stamped, received and acknowledged. The thing that occupies a great deal of time on the negotiation table is the non-tangible aspects of the claim, the well-known punitive damages. However straightforward it may be, it would be worthwhile to consider what exactly the qualified medical expenses are and required documentation.

Generally, qualified medical expenses should be “necessary and reasonable.” It should be noted that what is reasonable is not always necessary. For example, in the course of revision surgery for a defective medical device such as a transvaginal mesh, the patient requests for a dilation and curettage. This is reasonable to improve the patient’s overall health, but not necessary in terms of the revision surgery.

Medical expenses in personal injury claims typically include hospital confinement, testing and diagnostics, surgical costs, rehabilitation and physical therapy, medications, and pain management. In some cases, some insurance fees related to processing a claim may be included.

The total sum for all these expenses may run into large figures, especially if the injury is severe with long-term effects. This is why it is crucial to have complete documentation when filing a personal injury claim for medical expenses. You will have a much easier time showing the reality of your injuries if you keep strong records of them.


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