QUESTION
Can I ask for future treatment cost in small claims court?
Asked on Jan 06th, 2014 on Personal Injury - Iowa
More details to this question:
I had a terrible burned pigmentation mark on my face from doing laser treatment by a medical spa. I went to couple dermatologist try to solve the problem. One dermatologist recommended me to use a special patented product to reduce the pigmentation mark. It is helpful, but it takes time to reduce the mark. I am going to small claims court ask for all the expense incurred so far and approximately two more years cost. Will judge allow the future cost? My doctor is out of country right now. I can't get any kind letter from him before the court date.
13 ANSWERS
Ronald A. Steinberg
Not usually.
Answered on Jun 03rd, 2014 at 3:54 PM
Unless you can show medical proof that you need the future treatment and the cost I doubt the small claims judge would allow the future cost in a judgment.
Answered on Jan 15th, 2014 at 6:14 AM
Edwin K. Niles
Yes, the judge can award something for future meds, but you'll have to prove the amount. You need a doctor's affidavit.
Answered on Jan 09th, 2014 at 12:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The court won't do it without evidence of the cost. If there is a prescription, that might help. Letter from doctor would be best.
Answered on Jan 09th, 2014 at 12:22 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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A letter from your doctor would probably not be admissible, but your medical records would be as a business record. You can ask for all past treatment but before you can ask for future treatment you would need testimony from your doctor as to the nature and cost of future treatment. While the rules of evidence are somewhat less stringent in small claims court, I would not want to gamble on the judge excluding a letter from your doctor.
Answered on Jan 09th, 2014 at 11:59 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Maybe: small claims is not the usual forum for that kind of claim but that doesn't mean it can't be done. You will, however, have to prove how much it will cost and that you will need the treatment for the two years. I'd say you would need more than just a letter from the doctor and if you can't even get that, you've got no proof.
Answered on Jan 09th, 2014 at 11:55 AM
A Small claims court judge can order money payment for future medical bills [just as with future pain and suffering] but you need medical proof , such as a declaration by the treating Dr., to have any chance to get it. Try to continue the court date. Write the Dr. a short note as to what you need in a letter [they are the treating Dr., treatment caused by the prior laser surgery, should not have been a result, what doing to relieve it, how many treatments thus far and how many in future at what cost, success of treatment, etc. You will have to prove that the results of the laser treatment was medical malpractice and the facility might have an attorney who will tell they to raise technical arguments such as your not filing a report from a Dr. saying you have a case. There are books on how to handle Small Claims Court matters.
Answered on Jan 09th, 2014 at 11:51 AM
Thomas Edward Gates
A letter supporting your need will likely be required to get future expenses. You may wish to postpone the hearing until your doctor is back.
Answered on Jan 07th, 2014 at 5:03 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes you can. You will need that letter to get that award. I suggest you continue the hearing date. It costs $10 and you need to file an application to do that. Do it ASAP.
Answered on Jan 07th, 2014 at 5:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Small claims court is for small cases. why don't you get a lawyer and let him advise you. letters from doctors will not be allowed in court. you have a malpractice case which will be difficult to prove and expensive. Get legal help before you start or forget it.
Answered on Jan 07th, 2014 at 5:02 PM
James Eugene Hasser
Yes, if you can prove that the future costs are reasonable, necessary and customary, and that the treatment is directly related to your injury from the laser treatment. You will also need to prove the medical spa was negligent.
Answered on Jan 07th, 2014 at 5:02 PM
You can get the future cost, but you must prove medical necessity. Typically that can only be done with the testimony of the physician. Perhaps you should request a continuance of the trial on the grounds that a necessary witness is not available. Then take the doctor's deposition when he returns. You can use it in court in lieu of his/her live appearance. Beware-you must ask the right questions, and typically rather expensive.
Answered on Jan 07th, 2014 at 5:01 PM
Yes, in Iowa you may ask for monetary damages in a small claim action. In fact that is all you can ask for are money damages.
Answered on Jan 07th, 2014 at 5:01 PM