Forensic Economic Evaluations for Medical Malpractice Cases
Forensic Economics applied to medical malpractice litigation: methodology, deliverables, and case-specific considerations.
How Forensic Economic Evaluations applies to Medical Malpractice
Damages typically include past and future lost earnings, loss of earning capacity, lost household services, and present value of a life care plan focused on incremental care attributable to the alleged breach rather than unrelated baseline care.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Frequently Asked Questions
How is incremental harm isolated in medical malpractice damages?
Life care planners and economists separate care and losses attributable to the alleged breach from those the claimant would have experienced in the but-for scenario, informed by medical causation opinions from treating and retained physicians.
What role does a standard of care expert play alongside vocational and economic experts?
The standard of care expert establishes whether a breach occurred. Vocational, life care planning, and economic experts quantify the consequences of the breach, provided causation is supported.
Can birth injury cases use the same damages framework?
Birth injury cases use a similar framework, with special attention to life expectancy, long-term care needs, worklife projected from demographic norms, and pediatric-specific life care planning methodology.
How are pre-existing conditions handled in damages analysis?
Pre-existing conditions are accounted for by establishing a but-for baseline of expected medical needs and earning capacity absent the breach, with damages limited to the incremental loss.
References
- Agency for Healthcare Research and QualityGovernment
- National Practitioner Data BankGovernment
- CMS Physician Fee ScheduleGovernment
- BLS Occupational Outlook HandbookGovernment
Ready to Get Started on forensic economics engagements for medical malpractice cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.