Congratulations to Tammy Holt who successfully defeated a Mandamus Petition filed by a Defendant claiming that In re North Cypress entitled him to broad medical expense discovery and claiming that the doctor’s objections should be overruled because (1) he sought the amounts actually reflected as payment in full on the doctors’ books (as opposed to seeking insurance reimbursement rates), and (2) the parties subpoenaed were experts because they were testifying regarding future medical expenses. In denying the petition, the court held that In Re North Cypress was “readily distinguishable” did not allow discovery “of the fees charged and accepted from other patients for the same medical services that were provided or recommended to the plaintiff.” You can read the 13th Court’s opinion here.
