Medical Malpractice Economic Damages Expert in Missouri

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for medical malpractice cases venued in Missouri: the components the loss claim consists of, the records that drive them, and a present value built to Missouri's damages rules and venues. Plaintiff and defense.

A medical malpractice economic claim measures the earnings, benefits, household services, and care costs the injury added to the outcome the patient would have had with proper care, as the causation opinions in the record define it. Read the full medical malpractice analysis guide.

Missouri courts and expert standards

Missouri courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by stating its assumptions and naming the source of every rate and table.

Where these cases are heard

Highest court: Missouri Supreme Court. Federal venues: E.D. Mo., W.D. Mo. Court system: courts.mo.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Missouri Division of Workers' Compensation.

Damages framework

Missouri pairs a wrongful death action for the survivors' pecuniary losses, services, companionship, and the decedent's pre-death suffering with a survival action where death resulted from another cause, and the value of medical treatment is proved by the amounts actually paid or still owed rather than the amounts billed. Pure comparative fault reduces the award in proportion, the common-law collateral source rule otherwise applies, and prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds.

How the analysis is built

The same four steps apply to a medical malpractice case venued in Missouri; the damages framework above decides which components enter the total.

  1. State the but-for path the causation opinions support: what the patient would have earned, for how long, and what care the underlying condition would have required regardless.
  2. Build the injured path from actual post-injury earnings, the work-capacity opinions, and the incremental care plan.
  3. Measure each component as the difference between the two paths, projected over the applicable life or worklife expectancy with stated growth.
  4. Discount the streams to present value and present the loss under each apportionment or life expectancy scenario the physicians offer.

Attorney guides for medical malpractice cases

Other case types in Missouri

Frequently asked: medical malpractice cases in Missouri

Which Missouri courts hear medical malpractice cases?

Medical Malpractice cases venued in Missouri are heard in the Circuit Court (General jurisdiction; 46 judicial circuits; all civil, criminal, domestic, and probate matters). Final appeals run to the Missouri Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Missouri and Western District of Missouri.

How does Missouri's damages framework shape the economic analysis?

Missouri pairs a wrongful death action for the survivors' pecuniary losses, services, companionship, and the decedent's pre-death suffering with a survival action where death resulted from another cause, and the value of medical treatment is proved by the amounts actually paid or still owed rather than the amounts billed. Pure comparative fault reduces the award in proportion, the common-law collateral source rule otherwise applies, and prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds. Missouri courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by stating its assumptions and naming the source of every rate and table.

More questions about medical malpractice analysis

References

Request a consultation on medical malpractice cases in Missouri or call (201) 343-0700. Plaintiff and defense counsel.