8.30 DAMAGES
— PER QUOD
A. Medical Expenses Civil Model Jury Charge
In the event that the child [name]
is awarded a verdict, his/her parent is entitled to payment for medical
expenses which were reasonably required for the examination, treatment and care
of injuries proximately caused by the defendant's negligence (or other
wrongdoing). Medical expenses are the
costs of doctors' services, hospital services, medicines, medical supplies and
medical tests and any other charges for medical services. The amount of payment is the fair and
reasonable value of such medical expenses.
You have heard testimony on whether these medical expenses were fair and
reasonable in amount and whether they were reasonably necessary for the examination,
care and treatment of the child. If you
determine that any of these bills were not fair and reasonable to any extent,
or that any of these services were not reasonably necessary to any extent, you
need not award the full amount claimed.
In this case, plaintiff [parent] is seeking the sum of [dollar
amount] in medical expenses. As a
result, the upper limit of the award which you may make for medical expenses is
[dollar amount], since you may not award more than plaintiff [parent]
is seeking.
Cases:
Simmel v. N.J. Coop Co., 28 N.J. 1
(1958); Mathias v. Luke, 37 N.J. Super. 241 (App. Div. 1955); Schuttler
v. Reinhardt, 17 N.J. Super. 480 (App. Div. 1952).
