Trial testimony in a medical malpractice matter requires the economist to present the two paths clearly: what the patient would have earned and needed with proper care, what the patient will earn and need now, and the difference between them as a present value. Demonstratives should show both paths on the same chart so the jury sees that the loss is incremental, and the direct examination should identify which medical opinions each path relies on. The opposing economist will usually differ on apportionment and life expectancy, and the sensitivity tables let the jury see what each position moves.
Checklist
Prepare a demonstrative showing the but-for path and the injured path on one chart
Prepare demonstratives for the incremental care and its present value by category
Identify on the record which medical opinion supports each input
Prepare a comparison of the two economists' apportionment and life expectancy assumptions
Rehearse the present value explanation
Questions to ask the economist
How will you show the jury that the loss is the difference between two paths rather than the whole injured path?
How will you handle a cross question that assumes the underlying condition would have caused the same loss?
What does the total look like under the opposing side's life expectancy?
Which inputs did you take from the medical experts, and how will you say so on direct?
Timeline
One to two preparation sessions in the week before testimony, after the medical testimony order is set and the demonstratives are drafted.
Required documents
The final report with the two-path tables
The causation and treating opinions relied on
Draft demonstratives
The opposing economist's report and deposition transcript
Common pitfalls
Presenting the injured path alone, which the opposing side reframes as a claim for the underlying condition
Testifying before the medical experts establish the but-for outcome the report relies on
Failing to state which medical opinion supports each input, so the economist appears to have chosen sides on causation
What if the jury rejects the causation opinion the report relies on?
The sensitivity tables show the loss under the alternative outcome, so the jury can apply the medical conclusion it reaches to the economic figures. The economist presents both so the report remains useful whichever way the causation question is decided.
How does the economist present the incremental care component to a jury?
By showing what the underlying condition would have required regardless and what the injury added, category by category, and then the present value of the added portion only. A board that lists both columns side by side makes the point that the claim is for the difference. The jury can then see why the report does not value the full life care plan.
What if the medical witnesses have not testified before the economist is called?
The economist's inputs would then lack a foundation in the trial record, and the testimony would rest on reports rather than evidence. Counsel should sequence the medical witnesses first, or, if the schedule cannot be changed, have the economist state the assumptions taken from each report so the jury can connect them to the later testimony. The preparation session should cover both possibilities.
References
National Center for Health Statistics. (n.d.). Life tables. Centers for Disease Control and Prevention. Retrieved August 26, 2026. cdc.gov