State v. McClelland, 278 Or. App. 138

Defendant convicted of misdemeanor fourth-degree assault and interfering with a peace officer after attacking the victim, causing shoulder dislocation, broken nose, and a torn ACL requiring knee surgery.
State sought $55,490.69 in restitution comprising medical expenses and lost wages; the largest item was a $27,677.50 hospital bill for the knee surgery.
At the restitution hearing defendant objected that the hospital bill alone did not prove the charges were "reasonable" as required by ORS 31.710(2)(a) (incorporated into criminal restitution law).
The trial court overruled the objection, concluding the surgery and charges were reasonable based on the bill and "common sense," and included the full hospital charge in restitution.
On appeal defendant challenged the inclusion of the $27,677.50 hospital bill (preserved) and several smaller medical charges (unpreserved), asking the court to review the latter as error apparent.
The Court of Appeals found the trial court erred regarding the hospital bill and remanded for resentencing; it did not reach the unpreserved challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a hospital bill alone proves the "reasonableness" of medical charges for restitution under ORS 31.710(2)(a)	State: Restitution requires evidence of "nature and amount" and a bill may suffice; criminal restitution need not meet civil proof formalities.	Defendant: The statute requires "reasonable charges" and a bill by itself does not establish reasonableness; additional testimony or evidence is needed.	Court: Bill alone is insufficient; trial court erred including $27,677.50 without evidence of reasonableness. Remanded for resentencing.
Whether the court should consider defendant's unpreserved objections to smaller medical items as plain error under ORAP 5.45(1)	State: (implicit) objections unpreserved; trial court's restitution findings stand for items not objected to below.	Defendant: Asks appellate discretion to review unpreserved assignments as error apparent on the record.	Court: Did not reach these unpreserved assignments because case remanded on preserved issue.

State v. Ramos, 358 Or 581 (2016) (criminal restitution incorporates civil "economic damages" concepts but need not mirror civil relief)
State v. Labar, 259 Or App 334 (2013) (retail price evidence can support restitution for stolen pharmaceuticals)
White v. Jubitz Corp., 219 Or App 62 (2008) (medical bills alone do not establish reasonableness; testimony or other evidence required)
Tuohy v. Columbia Steel Co., 61 Or 527 (1912) (common-law rule requiring proof of reasonableness of medical expenses beyond bills)
State v. Noble, 231 Or App 185 (2009) (restitution evidence may be the evidence presented at trial but must be adequate)
State v. Pumphrey, 266 Or App 729 (2014) (three prerequisites for restitution: criminal act, economic damages, causation)