Texas Supreme Court Clarifies Standard for 18.001 Counteraffidavits

05.10.2021

In In re Allstate Indemnity Company, the Texas Supreme Court confirms that the purpose of a counteraffidavit is to provide reasonable notice to the plaintiffs of the basis on which the reasonableness and/or necessity of his or her medical expenses will be challenged. A counteraffidavit which provides such reasonable notice cannot be struck on the basis that it is not made by an expert in the same field of medicine or on the basis that the opinions do not meet the reliability standards of Rule 702 and Daubert/Robinson. This opinion will likely reduce the number of motions to strike counteraffidavits and will assist in responding to any such motions which are filed.

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