LITIGATION ALERT: TORT LITIGATION: Recovery of Medical Expenses After Haygood

Until July 1, 2011, a debate existed among personal injury lawyers and judges in Texas as to the proper measure of past medical expenses; namely, should the jury consider the total amount billed for the plaintiff's treatment or only that amount that was actually paid after reductions.  Since its enactment in 2003, authorities were split on the application of Texas Civil Practice and Remedies Code Section 41.0105, which provides:  "In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant."  But the Texas Supreme Court recently settled matters with its decision in Haygood v. de Escabedo.