N.C.P.I.—Civil 810.44C

(Use for claims arising on or after 1 October 20112

when the plaintiff has offered evidence of the amount

paid or necessary to be paid, and the defendant has

not offered rebuttal evidence. For claims arising before

1 October 2011, use N.C.P.I.-Civil 810.44.)

Medical expenses include all [hospital] [doctor] [drug] [state other

expenses] bills reasonably incurred3 by (name deceased) as a [proximate

result of the negligence] [result of the wrongful conduct] of the

defendant.

To be reasonably incurred, medical expenses must have been: (1)

reasonably necessary for the proper treatment of (name deceased),4 (2)

incurred as a [proximate result of the defendant's negligence] [result of

the defendant's wrongful conduct] and (3) reasonable in amount.

To show that the amount of claimed medical expenses is

reasonable,5 the plaintiff must prove by the greater weight of the

evidence the amount actually paid for medical services (and the amount

necessary to satisfy medical expenses that have not yet been paid). If

you find that the plaintiff has proved [this amount] [these amounts],

then the law presumes that [this amount is] [these amounts are]

reasonable. I charge you that this presumption is binding on you. This

means that if you find by the greater weight of the evidence the amount

actually paid for medical services (and the amount necessary to satisfy

medical expenses that have not yet been paid), then you also must find

that the medical expenses were reasonable in amount.

Additionally, the plaintiff must prove by the greater weight of the

evidence that the medical services performed were reasonably necessary

for the treatment of (name deceased) and that the services were

necessary as a [proximate result of the defendant's negligence] [result of

the defendant's wrongful conduct]. [I already have instructed you on the

definition of proximate cause, and that definition applies equally here.]6