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Past Issue:
Volume 20, Number 3 • July 2007
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Recovery of medical expenses in Texas

Russell G. Thornton, JD

In health care liability claims, and in most personal injury claims for that matter, medical expenses related to the care and treatment of the injury alleged by the claimant often constitute a significant portion of the damages that might be recovered at trial. For this reason, it is important to understand exactly what medical expenses are recoverable. In Texas, recoverable medical expenses were addressed in the 2003 tort reform legislation. The new statute, Section 41.0105 of the Texas Civil Practice and Remedies Code, changes the way in which courts and juries are to evaluate this element of damages.