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Robert Russell is a trial and appellate litigator specializing in first-party insurance disputes. He has experience at every level of insurance litigation, from pre-suit …

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Texas Supreme Court Clarifies Medical Billing Affidavit Procedure

Chapter 18 of the Texas Civil Practice and Remedies Code (“CPRC”), which creates a procedure for tort plaintiffs to prove past medical expenses by affidavit and without the need for live expert testimony at trial, has long been the focus of controversy as to its scope and effect. The statute, which the Texas Supreme Court describes as “a purely procedural statute that is designed to streamline proof of the reasonableness and necessity of medical expenses.”[1], has been turned into a weapon against defendants, with many intermediate courts holding that a defendant’s failure to satisfy the statute’s requirements for a counter-affidavit meant that a defendant could not contest the cost or necessity of treatment at trial. On May 7, 2021, the Texas Supreme Court put an end to this extreme court-created penalty for non-compliance with the statute’s procedural details. More »

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