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Discovery of Information Relevant to the Reasonable Value of Past Medical Expenses in Texas Personal Injury Cases

Plaintiffs in Texas personal injury cases may only recover the reasonable value of the past medical expenses. However, Texas courts have held that billed charges are largely unrelated to the reasonable value of the services. The negotiated rates of providers and health plans in a medical market or rates set by government are all relevant evidence of reasonable value. This blog post discusses the ability of defendants in personal injury litigation to obtain evidence on the reasonable value of medical services through discovery

By |2023-05-04T19:47:20+00:00April 20th, 2023|RPC Blog|Comments Off on Discovery of Information Relevant to the Reasonable Value of Past Medical Expenses in Texas Personal Injury Cases
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Long COVID and Its Impact on the Economy and Labor Market

This blog discusses post-COVID-19 syndrome, also known as Long COVID, and raises questions about how it will affect personal injury litigation. It also discusses the impacts of Long COVID on the economy and labor market, and outlines ways employers might accommodate those with Long COVID to keep them in their jobs for the benefit of both the employee and the employer.

By |2023-03-30T16:36:25+00:00March 30th, 2023|RPC Blog|Comments Off on Long COVID and Its Impact on the Economy and Labor Market
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Recoverable Damages in Louisiana and Comparison with Texas Law

RPC is expanding its services to attorneys with personal injury cases in Louisiana. While we have worked on many cases involving Louisiana residents suing in Texas or federal courts, we have worked on many fewer cases tried under Louisiana law. So RPC consultants will know the differences in Texas and Louisiana law on damages in personal injury cases, we retained Spencer King, an attorney with the firm of King & Jurgens, LLC, to prepare a memorandum for our internal use.

By |2023-03-22T15:59:37+00:00March 22nd, 2023|RPC Blog|Comments Off on Recoverable Damages in Louisiana and Comparison with Texas Law
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How Freestanding Emergency Departments can Avoid Charging “Unconscionable Charges”

In 2019 the Texas Legislature session passed several bills to limit what freestanding emergency departments (FSEDs) charge. One statute authorizes action by the Attorney General if an FSED’s charges are “unconscionable” in comparison to local hospital charges for similar emergency services. Most hospitals update their chargemasters at least annually. To ensure their charges do not become unconscionable, RPC recommends FSEDs review their chargemasters annually. RPC can help FSEDs set their charges to avoid them being “unconscionable.” We can also help FSEDs resolve payment disputes with health plans.

By |2023-02-16T20:33:36+00:00February 16th, 2023|RPC Blog|Comments Off on How Freestanding Emergency Departments can Avoid Charging “Unconscionable Charges”
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Determining the Reasonable Value of Future Medical Costs in Texas Personal Injury Cases

The cost of future medical care is often the largest component of economic damages sought and awarded in personal injury cases. RPC can calculate the reasonable value of goods and services in life care plans based on commercial health insurance allowed amounts (i.e. the market value of healthcare) or on specific fee schedules the plaintiff may be eligible for, such as Medicare, Medicaid, or Workers’ Compensation.

By |2023-05-04T15:39:16+00:00February 8th, 2023|RPC Blog|Comments Off on Determining the Reasonable Value of Future Medical Costs in Texas Personal Injury Cases
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A Possible Final Decision in the Vista Medical Center Stop-Loss Litigation

On December 28, 2022, the Third Court of Appeals in Austin issued its latest decision in the seemingly never-ending litigation over the stop-loss exception to the Division’s 1997 Inpatient Hospital Fee Guideline. Stone Loughlin Swanson publishes a newsletter focusing on Texas workers’ compensation law and the December 2022 issue has an article by James Loughlin discussing the history and issues in the case. Mr. Loughlin has graciously let RPC reprint his article. It has links to the recent decision and to other important documents. We think you will find it an interesting read.

By |2023-01-11T19:35:34+00:00January 10th, 2023|RPC Blog|Comments Off on A Possible Final Decision in the Vista Medical Center Stop-Loss Litigation
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Cardiac Catheterization Laboratories in Ambulatory Surgical Centers White Paper

Considering Developing an ASC-Based Cardiac Catheterization Laboratory? Research & Planning Consultants and Health Management Associates have prepared a white paper explaining guidance on safety, efficacy, and patient selection for diagnostic and therapeutic cardiac catheterization procedures in Ambulatory Surgery Centers (ASCs) from medical professional societies and Medicare.

By |2023-02-10T15:51:20+00:00December 6th, 2022|White Papers|Comments Off on Cardiac Catheterization Laboratories in Ambulatory Surgical Centers White Paper
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Reasonable Charges and Reasonable Value of Medical Services in Texas Personal Injury Cases

Past and future medical expenses are major elements of damages in personal injury cases. In many cases they are by far the largest element of “hard” damages and are used as a reference point for jurors in awarding pain and suffering and other “soft” damages. While plaintiffs should be fairly compensated for their medical expenses, the expenses should not be unfairly inflated. Recently we modified an actual report on reasonable charges and reasonable value for a defendant to create a sample report showing RPC’s data sources and methods of analysis for part medical expenses. The sample report is available to download here.

By |2022-11-03T14:59:49+00:00November 3rd, 2022|RPC Blog|Comments Off on Reasonable Charges and Reasonable Value of Medical Services in Texas Personal Injury Cases
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Discovery under Texas Rules of Civil Procedure regarding testifying experts

In 2021, the Supreme Court of Texas modified the Texas Rules of Civil Procedure regarding testifying experts. Because RPC frequently provides expert testimony in state cases, we asked Bill Christian, an attorney with Graves Dougherty Hearon & Moody to prepare a memorandum explaining the difference in the old and new rules and to identify which rules applied to a specific litigation case.

By |2022-09-16T16:00:51+00:00September 15th, 2022|RPC Blog|Comments Off on Discovery under Texas Rules of Civil Procedure regarding testifying experts
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RPC's team provides consulting services nationwide.

For sample RPC reports and professional references, please contact Ron Luke at 512-371-8166

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PO Box 14464
Austin, TX 78752

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