Art. 1475.Affidavit For Medical Cost; Counter Affidavit; Service

Proving a medical bill is genuine can otherwise mean calling a records custodian just to authenticate paperwork. Article 1475 offers a shortcut: an affidavit from the person who provided the medical service, or from the official custodian of the records, accompanied by an itemized statement specifying each service and its charge, is sufficient by itself to support a finding that the bill is authentic -- as long as it's filed with the clerk and served on the other parties at least thirty days before trial.

A party who wants to dispute the bill has to act within a tight window: a counter affidavit, filed with the clerk and served no later than fifteen days after receiving the initial affidavit and at least ten days before trial (or later, with the court's leave). That counter affidavit isn't a bare denial -- it has to establish a reasonable basis for disputing the bill, and it has to come from someone qualified by knowledge, skill, experience, training, or education to testify against what the initial affidavit says.

When a counter affidavit is filed, the dispute goes to a hearing, and the outcome carries a cost consequence. A party who fails to convince the court that the medical statements aren't authentic generally has to pay the initial affiant's costs and expenses from that hearing -- though the court can waive that if it finds the challenge was substantially justified or an award would be unjust.