Sex, Lies, & Suicide: The Treater Scuttled the Medicals

As part of most damages cases, a personal injury plaintiff will present testimony from treating physicians.  The treating physicians will testify that all of their treatment was due to the event at issue and, relevant to this post, their fees are “reasonable and customary.”  Well, that is what they are supposed to say.

Mistress received treatment from a psychologist.  The psychologist was specifically asked if his rate was comparable to other psychologists.  He answered, “I actually can’t speak to that.  I’m not sure.”[1]  To summarize a few more questions, he testified he has no idea whether or not his fees are reasonable and customary.  That led to a motion in limine and order that the psychologist couldn’t testify about 1) his fees because only reasonable and necessary fees are admissible; and 2) the reasonableness of his charges. There was no one else disclosed who could testify to those charges, so they never came in.


[1] A refreshingly honest answer.