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Section 18.001 After Ortiz: A New Counter-Affidavit Framework
Katherine M. Wyatt

The Texas Supreme Court’s decision in Ortiz v. Nelapatla (May 1, 2026) reshapes how counter-affidavits operate under Section 18.001. In short, a partial counter-affidavit no longer knocks out the whole medical-cost affidavit. The uncontested charges still go to the jury, and where a counter-affidavit states what amount is reasonable, it creates a floor and the…

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