In prior posts, Byron Henry and I have opined on a split among the intermediate courts of appeals regarding whether 41.0105 of the Texas Civil Practice and Remedies Code abrogates the collateral source rule and whether evidence of medically expenses initially incurred but ultimately written off should be excluded from evidence at trial or applied post-verdict by the trial court. The Texas Supreme Court resolved both issues today in an opinion affirming the Tyler court of appeals’ judgment in Haygood v. Garza.
The main take-away is that amounts written-off by providers must be excluded from evidence at trial. In other words, the jury should only see evidence of medical expenses actually and ultimately charged to the claimant, not bills showing initial charges before required write-offs. The majority opinion may be found here. Justice Lehrmann’s dissent, in which Justice Medina joined, may be found here.
Additional take-aways you need to know before your next trial, however, are below: