We provide Expert Analysis of Medical Treatment based upon Medical Record Review.
After an accident, there is “on occasion”, a lawsuit filed. Actually, they are filed pretty often. In 2015, the latest year for which I can find records, there were in excess of 500,000 civil suits filed in Texas. Close to 40,000 of those were auto related (cars, trucks, busses, and commercial vehicles). Most of these get settled before they ever go to trial.
When a person involved gets hurt, they go to the Emergency Room, an Urgent Care Center, their Doctor, or a Chiropractor. Quite often, they also visit an Attorney, and quite often the Attorney files a lawsuit. The person filing the suit is now referred to as the “Plaintiff”, and the person being sued is called the Defendant”. As there can be multiple people involved, either or both can be plural – Plaintiff(s) and Defendant(s). I know the Attorneys do the filing, but I’m trying to keep this simple.
In Texas, sometime after the lawsuit is filed, the Plaintiff(s) file an “Affidavit” that spells out the Medical Treatment that was provided, and what it cost. The affidavit also states that the costs were “Reasonable” and the treatment was “Necessary”. The Defendant(s) now have 30 days to respond. If they do not, the Court can rule that there is adequate evidence that the costs were, in fact, Reasonable, and that the treatment was, in fact, Necessary.
HANG TOUGH, I’M GETTING THERE
If the Defendant(s) agree with the Plaintiff(s), they usually try to make nice and settle the case. If they don’t, they have to respond within 30 days. The Response is called a “Counter”, or a “Controverting” Affidavit. Sometimes, language is clear, and sometimes not, but they mean the same thing. The Counter Affidavit basically says that the costs were “Not Reasonable”, and/or the that the treatment was “Not Necessary”.
The Counter Affidavit has to be the work of an “Expert”. Someone “qualified, by knowledge, skill, experience, training, education, or other expertise, to testify in contravention of all or part of any of the matters contained in the initial affidavit.” It has to be “sworn testimony, taken before a person authorized to administer oaths.” Our Physicians are Experts. In Texas, a Notary is authorized to administer oaths.
We review all available records, produce the Analysis, write the Affidavit, attach the related Exhibits, and deliver them in a form ready to be filed electronically.