Unreasonable but Absolutely Necessary: Understanding How to Prove-Up or Challenge Medical Treatment under Tex. Civ. Prac. & Rem. Code § 18.001

The landscape of proving and challenging medical damages by affidavit in Texas has radically changed over the last two years. The Texas Legislature amended and the Texas Supreme Court announced a new interpretation of Tex. Civ. Prac. & Rem. Code § 18.001. As the COVID backlog continues to move cases to trial, parties are increasingly relying on Affidavit-only proof of medical damages and expenses - all under Tex. Civ. Prac. & Rem. Code § 18.001. With the increasing use of affidavits and all these changes, how are lawyers - on both sides of a dispute - to understand what the statute means? Join Andrew "Andy" Jones, Trial Attorney at Sawicki Law, as he deciphers the status, how to use it, and what implications failure to use it correctly can have on case outcomes.

Learning Objectives:

1. Analyze previous and current interpretations of Tex. Civ. Prac. & Rem. Code § 18.001

2. Break down the process of offering affidavits and controverting those affidavits under the current statute

3. Illustrate best Practices for Plaintiffs and Defendants