New Lawyers: Tips For The Effective Use of
Courts and Judicial Proceedings Section 10-104 by Kevin I. Goldberg
Kevin I. Goldberg (Goldberg & Finnegan, Silver Spring) is Co-chair of MTLA’s New Lawyers Section and a member of the President’s Club as a Supporter.
New Lawyers are often called upon to litigate soft tissue personal injury cases. In many of these cases, it is not cost effective or economically feasible to have a medical doctor testify in court. MTLA lobbied the Maryland legislature for passage of Section 10-104 of the Courts and Judicial Proceed- ings Article so that plaintiff attorneys would be able to litigate the smaller personal in- jury claims on a cost effective basis. Section 10-1041 allows the plaintiff’s attorney to get medical records and medical bills into evidence without the supporting testimony of a live medical witness. The section elimi- nates the requirement that the plaintiff prove the fairness and reasonableness of the charges for the health care provided to our clients. See Shipigel v. White, 357 Md. 117, 741 A.2d 1205 (1999). In order to use Section 10-104 to get your client’s medical bills and records into evidence, the litigant must serve notice of his intention to rely on Section 10-104 on the opposing litigant at least 60 days be- fore trial. The notice must include a list that identifies each writing or record. A copy of all of the medical records that will be introduced pursuant to Section 10-104 must also be served on the opposing party. A notice of service and a list identifying each writing or record must also be filed with the court. What follows are eight tips for the effective use of Section 10-104.
Tip #1: Be Sure To Meet The 60 Day Notice Requirement
Section 10-104 (c) (ii) sets forth the 60 day notice requirement. In District Court cases, be sure to file the 10-104 notice at the same time that the lawsuit is filed. The 10-104 Statement and all of the medical bills and records that will be introduced should then be served on the defendant along with the summons and Statement of Claim. This will insure that the sixty day notice requirement is met in every case. If you wait until after the defendant is served with the summons and complaint, it may be too late to meet the sixty day require- ment of Section 10-104 (c) (ii). I have found that it is a good idea to call the de- fense attorney after his Notice of Intention to Defend is filed to confirm that he re- ceived the 10-104 Statement and all of the bills and records.
Summer 2001 Valuation of Businesses, Securities and
Pension Funds for Divorce and Business Cases. University Professor with Extensive Experience
DR. RICHARD B. EDELMAN 8515 Whittier Boulevard Bethesda, Maryland 20817
301-469-9575 1-800-257-8626
ab Trial Reporter
References and Vita on Your Request Visit at
HTTP:/ /
WWW.ECONOMIC-ANALYSIS.COM 17 Tip #2:
If You Are Not Going To Meet The 60 Day Notice Requirment, Move For A Continuance Immediately If for some reason you are unable to meet the 60 day notice requirement, you should move for a continuance. This should be done as far in advance of the trial date as possible. It has been my experience that most defense attorneys will gladly consent to your request to continue the trial date so long as you do not wait until the very last minute. In District Court, requests to con- tinue a trial date are almost always granted if they are filed in advance of the date of the scheduled trial.
Tip #3:
Be Sure That Your Medical Records Establish Causation
Although Section 10-104 gets your medical bills and records into evidence, it does not automatically get you over the cau-
sation hurdle. The medical reports that are introduced into evidence should clearly state that the plaintiff’s injuries and all treat- ment rendered to the plaintiff was causally related to the event that precipitated the lawsuit. Otherwise, the judge may grant a defendant’s motion for judgment at the close of the plaintiff’s case because the plain- tiff has failed to put any expert testimony regarding causation into evidence.
See
Desua v. Yokim, 2001 Md. App. 33 (2001) (holding that the cause-and-effect relation- ship in this particular soft tissue case was not obvious enough to be considered within the common knowledge of laymen).
In
order to avoid the anxiety of realizing that the medical records do not establish causa- tion on the day of trial, the plaintiff attorney should be sure that the medical records es- tablish causation prior to filing the lawsuit. If causation is not set forth in the medical
(Continued on page 18 ECONOMIC ANALYSIS Lost Income Determination for:
Contract Disputes Bankruptcies
Personal Injuries Wrongful Death
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56