Past and future medical costs are often the largest element of economic damages in personal injury cases. In Texas cases, there is an important distinction between reasonable charges for medical services and the reasonable value of medical services. We discuss the distinction in this blog.
With the passage of Senate Bill 164 earlier this year, South Carolina removed certificate of need (CON) requirements for Ambulatory Surgery Centers (ASCs). New ASCs now only require licensure prior to operation and construction plan and specification approval prior to beginning construction.
When projecting future medical needs and associated costs in life care plans, the choice between recommending generic or brand-name medications is an important one. The choice should be based on the factors of cost, efficacy, safety, and individual needs. In this blog, we discuss each factor. Unless an individual’s medical needs require a brand-name drug, the generic equivalent will usually be the rational choice.
RPC has posted on its website a new version of its white paper, Determining Usual, Customary, and Reasonable Charges for Healthcare Services. The new version improves on earlier versions in several ways
The injuries in many Texas personal Injury cases are work-related. Because Texas employers do not have to carry workers’ compensation, defendants cannot be sure if an injured worker is covered and may not take all necessary steps to obtain the workers’ compensation claim file. The claim file will often have medical and vocational information of great value to the defendant on liability and damages. This blog post discusses why it is highly probable there is a workers’ compensation claim file and why it can be important in defending a claim.
The International Association for the Study of Pain (IASP) defines chronic pain as “pain that persists beyond the normal time of healing, usually more than three months.” Over 25 percent of the US population has chronic pain of various degrees, and older individuals have a higher prevalence of chronic pain. Roughly 20 percent of outpatient complaints in clinics are pain related, and more than half of patients who see their primary care provider do so for pain. Overall, the costs associated with pain management are higher than the combined expenses related to diabetes, cardiac disease, and cancer. In this blog, we will discuss the alternatives to opioids for chronic pain control.
This blog post focuses on damages a plaintiff can recover for past medical expenses in personal injury cases in Texas courts. To recover for past medical expenses in a Texas personal injury case, the plaintiff must prove the past medical expenses were medically necessary due to the injury that is the subject of the litigation. The plaintiff must also prove the reasonable value of the past medical expenses. We discuss how the courts define reasonable value.
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
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.
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.