PLMAhard
A Massachusetts auto-accident plaintiff incurs $3,200 in chiropractic bills with no objective imaging findings, no enumerated injury, and his treating physician concedes much of the treatment was duplicative. How is the c. 231 §6D Tort Threshold most likely analyzed?
Satisfied only if the trier of fact finds the bills above $2,000 were reasonable and necessary; duplicative or unrelated treatment is excluded from the threshold calculation
BAutomatically satisfied because raw billings exceed $2,000
CAutomatically failed because chiropractic care never counts
DSatisfied if any provider was licensed in Massachusetts, regardless of necessity, because provider licensure alone is sufficient to establish that every charge counts toward the $2,000 threshold without any inquiry into whether the treatment was reasonable, necessary, or related to the accident
Why this is the answer
Under c. 231 §6D, only reasonable and necessary medical expenses count toward the $2,000 threshold. Raw billings are not dispositive; the trier of fact examines whether each charge was reasonable in amount and necessary for treatment of the accident-related injury. Duplicative chiropractic visits, treatment unrelated to the crash, or inflated billings can be excluded, leaving the plaintiff below the threshold despite total bills exceeding $2,000.
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