KW Economics prepares rebuttal analysis for medical malpractice cases venued in Arkansas: what the loss claim consists of, the records that drive it, and a present value built to Arkansas damages rules and venues. Plaintiff and defense.
In a medical malpractice matter the opposing report is tested first on how it defined the but-for path: whether the earnings, care, and life expectancy assumptions reflect the outcome proper care would have produced or assume perfect health, and whether the apportionment between the injury and the underlying condition follows the medical opinions in the record. The economist then checks the earnings base, the life care plan pricing and growth rates, and the discounting, and quantifies the effect of each correction so counsel can see which assumptions carry the number.
Critique of an opposing economic damages, valuation, or forensic accounting report for plaintiff or defense counsel. The review tests the assumptions, data sources, discount rates, worklife and life expectancy inputs, growth rates, mitigation treatment, and arithmetic behind the opposing number, identifies the errors that matter, and quantifies how the conclusion changes when they are corrected. The result supports cross-examination, a rebuttal report, or a motion directed at the reliability of the opinion.
Because the underlying condition often affected work capacity or life expectancy on its own, the apportionment between the injury and the pre-existing condition is usually the most contested assumption and the one that most changes the total. In cases of permanent disability the incremental care costs and the earnings loss are both large and run across a long horizon, and the life expectancy used for each stream is a second point of contention. In delayed-diagnosis cases the loss may be measured as the difference between two outcome paths, each with its own earnings and care profile.
Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.
Highest court: Arkansas Supreme Court. Court system: courts.arkansas.gov.
Federal venues: Eastern District of Arkansas, Western District of Arkansas.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Arkansas Workers' Compensation Commission.
Arkansas allows a wrongful death action for the statutory beneficiaries' pecuniary loss and mental anguish alongside a survival action for the estate, and the state constitution bars limits on the amount recoverable for injury or death. Recovery is barred only when the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest is available where the amount of the loss was determinable at the time of the injury.
We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.
In a medical malpractice matter the opposing report is tested first on how it defined the but-for path: whether the earnings, care, and life expectancy assumptions reflect the outcome proper care would have produced or assume perfect health, and whether the apportionment between the injury and the underlying condition follows the medical opinions in the record. The economist then checks the earnings base, the life care plan pricing and growth rates, and the discounting, and quantifies the effect of each correction so counsel can see which assumptions carry the number.
Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face. Medical Malpractice cases venued in Arkansas are heard in the Circuit Court (General jurisdiction; civil, criminal, domestic, probate, and juvenile matters), with final appeals to the Arkansas Supreme Court. Matters within federal jurisdiction proceed in the Eastern District of Arkansas and Western District of Arkansas.
Arkansas allows a wrongful death action for the statutory beneficiaries' pecuniary loss and mental anguish alongside a survival action for the estate, and the state constitution bars limits on the amount recoverable for injury or death. Recovery is barred only when the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest is available where the amount of the loss was determinable at the time of the injury. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Arkansas rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.