Tips For The Effective Use... (Continued from page 17)


records, the plaintiff attorney should con- tact the treating doctor and have the doctor generate a report setting forth the doctor’s opinion that the plaintiff’s injuries and all medical treatment was caused by the inci- dent that precipitated the lawsuit.


Tip #4:


Remember That Section 10-104 Can Be Used In Circuit Court Cases So Long As The Ad Damnum Clause Does Not Exceed $25,000.00.


Although I believe that juries prefer to hear testimony from the plaintiff’s treating doctor, the plaintiff’s attorney should keep in mind the option of introducing medical bills and records through Section 10-104 in Circuit Court cases. See Section 10-104 (b)(3). In every case where the plaintiff’s ad damnum clause is $25,000.00 or less, a 10-104 Statement should be filed and served on the defendant. Even if the plaintiff’s attorney intends to call an expert witness live at trial, having the 10-104 State- ment filed and served serves as a back up to getting the bills and records into evidence in the event that the doctor does not show up for trial, or if the doctor cannot testify that certain bills which are not his own are fair and reasonable.


“AMFS


Tip #5:


Do Not Allow Defense Counsel To Introduce Medical Bills Or Records If They Have Not Followed The


Procedures Set Forth In Section 10-104 If a defendant’s attorney attempts to in- troduce damaging medical records without the support of a live witness, the plaintiff’s attorney may want to object. The judge should sustain the objection unless the de- fense attorney has followed the procedures set forth in Section 10-104. In my experi- ence, defense attorneys rarely file 10-104 statements in district court cases. If a de- fense attorney fails to file a 10-104 statement, the plaintiff’s attorney may be able to keep harmful medical records and reports out of evidence.


Tip #6: Remember To Introduce


The Medical Bills And Records Into Evidence At Trial.


Just because you have followed the pro-


cedures set forth in Section 10-104 does not mean that your medical bills and records are automatically in evidence. At trial, the plaintiff’s attorney must remem- ber to introduce the medical bills and records as exhibits and have the plaintiff testify that they incurred the bills as a result of the incident that precipitated the law- suit.


Tip #7:


Aggressively Resist Defense Attempts To Use Section 10-104 To Introduce “Peer Review” Evidence That Bills Are Excessive And/Or That Treatment Was Unreasonable


On occasion, in District Court cases, de- fense attorneys will use Section 10-104 to introduce a “peer review” from a health care provider. Peer reviews typically provide the defense doctor’s opinion, rendered without ever examining or treating the plaintiff, that the plaintiff’s medical treatment was exces- sive and/or that the amount of the charges for the treatment rendered to the plaintiff is excessive. The plaintiff’s attorney should move in limine to exclude such “peer re- views” by arguing that the defense doctor does not have a basis for the opinion that treatment was excessive without having ex- amined the plaintiff.


If the judge admits


the peer review over the plaintiff’s attorney’s objection, the plaintiff’s attorney should be prepared to introduce bias information re- garding the defense doctor into evidence. See Maryland Rule 5-806. This can be accomplished by issuing a subpoena to the defense doctor’s record custodian to appear at trial with any documents relating to their relationship to the defense attorney, and all documents and payments received from the defense attorney’s law firm. The plaintiff’s attorney may also be able to introduce bias


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Michael E. Cardoza SAN FRANCISCO TRIAL ATTORNEY


New Lawyer’ Section of MTLA Approved


On Wednesday February 21, 2001 the MTLA


Board of Governors approved the New Lawyers’ Sec- tion of the Maryland Trial Lawyers Association. Kevin I. Goldberg and Kevin J. Finnegan Co-Chair the Section which has a 14-member Executive Board. Comprised of the following MTLA mem- bers: Kristin Milardo, Dolores Dorsainvil, Larry Feldman, Yale Spector, Mike Marmelstein, Michelle Sutton, Todd Forester, Amanda Fallon, Jennifer Lubinski, Christian Mester, Anne Miller, Albert Lechner. The Section is open to all members of MTLA who are 35 years old or younger or who have been admitted to practice law for seven years or fewer. MTLA Members interested in joining the Section should contact Kevin Goldberg or Kevin Finnegan at 301-589-2999. The New Lawyers’ Section intends to publish a


short “New Lawyer Tip” in each issue of the Trial Reporter.


This issue’s New Lawyer Tip addresses


The Effective Use of Courts and Judicial Proceed- ings Section 10-104.


Summer 2001


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