Apples and Oranges: Lackey vs. Dement et al. and the Battle of In re North Cypress Medical Center in 2019

Published by Texas Trial Lawyers Association


Summary

The argument that medical care expenses for medical services are only reasonable if the billed charges equal the amount of money that the medical provider expects to receive in reimbursement for those services is becoming a standard defense in personal injury cases (the “reimbursement rates defense”). Fortunately, not only are billed charges and health insurance reimbursement rates apples and oranges in YOUR case, they’re apples and oranges in every medical billing practice in the entire United States, inside litigation and out. The 2018 Texas Supreme Court opinion in In re North Cypress Medical Center, however, emboldened defense counsel who were willing to read the North Cypress opinion out-of-context and argue for an expansionistic interpretation of that opinion in trial courts. In this webinar, Kiernan “Kier” McAlpine will simplify North Cypress by:

• Showing where the “reimbursement rates defense” comes from;
• Identifying some of the case law that exposes the flaws of this defense; and
• Offering practical tips to analyze and advocate against the reimbursement rates defense.

This defense does not belong in the courtroom in the vast majority of PI cases, and this webinar will teach you what you need to know to prove it. The webinar will also touch on the mitigation of damages defense and cover a few “pitfall” scenarios as well as how to avoid them.

Presenters
Kiernan McAlpine
Partner - Daspit Law Firm
Kiernan “Kier” McAlpine is a personal injury trial lawyer. Three years into his career, he worked for a practice focused on litigating billing disputes between North Cypress Medical Center and major health insurance corporations. He represented North...More

Originally Published

October 24, 2019


Program Titles and Supporting Materials

This program contains the following components:

  • Apples and Oranges: Lackey vs. Dement et al. and the Battle of In re North Cypress Medical Center in 2019
  • Apples and Oranges: Lackey vs. Dement et al. and the Battle of In re North Cypress Medical Center in 2019 - Paper
  • Apples and Oranges: Lackey vs. Dement et al. and the Battle of In re North Cypress Medical Center in 2019 - Slide Deck

How To Attend

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Technical Requirements

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