KW Economics prepares economic damages analyses for medical malpractice cases venued in Washington: the components the loss claim consists of, the records that drive them, and a present value built to Washington'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.
Washington courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.
Highest court: Washington Supreme Court. Federal venues: W.D. Wash., E.D. Wash. Court system: courts.wa.gov.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Washington Department of Labor and Industries.
Washington pairs a wrongful death action for the beneficiaries' pecuniary loss, which was broadened in recent years to reach more family members, with a general survival action in which the estate recovers the decedent's economic losses, including net future earnings, and a limited survival claim for the decedent's own pre-death suffering. Pure comparative fault reduces the award in proportion, the collateral source rule applies outside medical malpractice where evidence of collateral payments is admissible, statutory limits on noneconomic damages have been held unconstitutional, and prejudgment interest is generally limited to liquidated sums.
The same four steps apply to a medical malpractice case venued in Washington; the damages framework above decides which components enter the total.
Medical Malpractice cases venued in Washington are heard in the Superior Court (General jurisdiction; one in each of 39 counties; all civil, criminal, and domestic matters). Final appeals run to the Washington Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Western District of Washington and Eastern District of Washington.
Washington pairs a wrongful death action for the beneficiaries' pecuniary loss, which was broadened in recent years to reach more family members, with a general survival action in which the estate recovers the decedent's economic losses, including net future earnings, and a limited survival claim for the decedent's own pre-death suffering. Pure comparative fault reduces the award in proportion, the collateral source rule applies outside medical malpractice where evidence of collateral payments is admissible, statutory limits on noneconomic damages have been held unconstitutional, and prejudgment interest is generally limited to liquidated sums. Washington courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.
Request a consultation on medical malpractice cases in Washington or call (201) 343-0700. Plaintiff and defense counsel.