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Federal Court Order allows Testimony of Future Surgery if Patient Deteriorates

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On November 22, 2022, the United States District Court for the Western District of Texas issued an order in a case involving expert testimony. The case involved whether a treating orthopedic surgeon could tell the jury that the patient would likely need a future surgical procedure at an indeterminate time in the future and only if the patient’s condition deteriorated. The court reviewed Texas substantive law on admissibility of future medical expenses, which is a relaxed standard under Texas caselaw, and found that the testimony is consistent with Texas law on the topic and is therefore admissible.

Read the order by clicking here.

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