Aaron Glenn Haygood v. Margarita Garza De Escabedo

Today, the Court holds that a claimant may neither recover amounts written off and never paid, nor introduce evidence of such amounts during trial. I agree with the Court that section 41.0105 reflects the Legislature’s intent to restrict the amount of past medical expenses that may be recovered. However, I disagree with the Court’s conclusion that the Legislature intended to prohibit the introduction of evidence of amounts that are written off and never paid, as they represent collateral source benefits. Neither the “express terms” of the statute, which speak only to a claimant’s recovery of…