8-58.1. Injured party as witness when medical charges at issue.
(a) Whenever an issue of hospital, medical, dental, pharmaceutical, or funeral charges arises in any civil proceeding, the injured party or his guardian, administrator, or executor is competent to give evidence regarding the amount paid or required to be paid in full satisfaction of such charges, provided that records or copies of such charges showing the amount paid or required to be paid in full satisfaction of such charges accompany such testimony.
(b) The testimony of a person pursuant to subsection (a) of this section establishes a rebuttable presumption of the reasonableness of the amount paid or required to be paid in full satisfaction of the charges. However, in the event that the provider of hospital, medical, dental, pharmaceutical, or funeral services gives sworn testimony that the charge for that provider's service either was satisfied by payment of an amount less than the amount charged, or can be satisfied by payment of an amount less than the amount charged, then with respect to that provider's charge only, the presumption of the reasonableness of the amount charged is rebutted and a rebuttable presumption is established that the lesser satisfaction amount is the reasonable amount of the charges for the testifying provider's services. For the purposes of this subsection, the word "provider" shall include the agent or employee of a provider of hospital, medical, dental, pharmaceutical, or funeral services, or a person with responsibility to pay a provider of hospital, medical, dental, pharmaceutical, or funeral services on behalf of an injured party.
(c) The fact that a provider charged for services provided to the injured person establishes a permissive presumption that the services provided were reasonably necessary but no presumption is established that the services provided were necessary because of injuries caused by the acts or omissions of an alleged tortfeasor. (1983, c. 776, s. 1; 2011-283, s. 1.2; 2011-317, s. 1.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7 - Competency of Witnesses.
§ 8-49 - Witness not excluded by interest or crime.
§ 8-50 - Parties competent as witnesses.
§ 8-50.1 - Competency of blood tests; jury charge; taxing of expenses as costs.
§ 8-50.2 - Results of speed-measuring instruments; admissibility.
§ 8-50.3 - Expired September 30, 2007.
§ 8-51.1 - Dying declarations.
§ 8-53 - Communications between health care provider and patient.
§ 8-53.1 - Physician-patient and nurse privilege; limitations.
§ 8-53.2 - Communications between clergymen and communicants.
§ 8-53.3 - Communications between psychologist and client or patient.
§ 8-53.4 - School counselor privilege.
§ 8-53.5 - Communications between licensed marital and family therapist and client(s).
§ 8-53.6 - No disclosure in alimony and divorce actions.
§ 8-53.7 - Social worker privilege.
§ 8-53.8 - Counselor privilege.
§ 8-53.9 - Optometrist/patient privilege.
§ 8-53.10 - Peer support group counselors.
§ 8-53.11 - Persons, companies, or other entities engaged in gathering or dissemination of news.
§ 8-53.14 - Communications between behavior analyst and client or patient.
§ 8-54 - Defendant in criminal action competent but not compellable to testify.
§ 8-55 - Testimony enforced in certain criminal investigations; immunity.
§ 8-56 - Husband and wife as witnesses in civil action.
§ 8-57 - Husband and wife as witnesses in criminal actions.
§ 8-57.1 - Husband-wife privilege waived in child abuse.
§ 8-57.2 - Presumed father or mother as witnesses where paternity at issue.
§ 8-58.1 - Injured party as witness when medical charges at issue.