Life Care Plan Cost Projection and Present Value for Medical Malpractice Cases in Kansas

By KW Economics Editorial Team · Updated

KW Economics prepares life care plan costing for medical malpractice cases venued in Kansas: what the loss claim consists of, the records that drive it, and a present value built to Kansas damages rules and venues. Plaintiff and defense.

How life care plan costing applies to Medical Malpractice in Kansas

In a medical malpractice matter the life care plan often distinguishes the incremental care the injury requires from the care the underlying condition would have required anyway, and the present value must respect that line. The economist values the incremental items only, applies category-specific medical cost growth, and discounts the stream over the life expectancy the medical evidence supports, which may already have been reduced by the condition being treated. Where the physicians disagree on life expectancy or on which items are incremental, the report presents the present value under each scenario so the fact finder can attach the number to its finding.

Reduction of a life care plan's line items to a single present value. The plan's items, frequencies, durations, and unit costs are carried forward with medical cost growth appropriate to each category, then discounted over the applicable life expectancy. Plan authorship stays with the life care planner; our role is the economic translation of the plan into a damages figure that reconciles with the plan and can be examined item by item.

Where the damages concentrate

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.

Kansas courts and expert standards

Kansas 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. An economic damages report is written to that inquiry, with every rate and table traced to a published source.

Where these cases are heard

Highest court: Kansas Supreme Court. Court system: kscourts.org.

Federal venues: District of Kansas.

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

Damages framework

Kansas provides a wrongful death action for the heirs' pecuniary and nonpecuniary losses, with the nonpecuniary component subject to a statutory limit, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault reaches half, the common-law collateral source rule applies after the courts set aside a statutory offset, and prejudgment interest is generally limited to liquidated sums.

Typical deliverables

We issue the final report and provide deposition and trial testimony, rebuttal of opposing present value opinions, and revaluation when the plan is updated.

Life Care Plan Costing for Medical Malpractice in other states

Frequently asked: Life care plan costing in Kansas medical malpractice matters

How is life care plan costing built for a medical malpractice case in Kansas?

In a medical malpractice matter the life care plan often distinguishes the incremental care the injury requires from the care the underlying condition would have required anyway, and the present value must respect that line. The economist values the incremental items only, applies category-specific medical cost growth, and discounts the stream over the life expectancy the medical evidence supports, which may already have been reduced by the condition being treated. Where the physicians disagree on life expectancy or on which items are incremental, the report presents the present value under each scenario so the fact finder can attach the number to its finding.

What do Kansas courts ask of life care plan costing before it reaches the fact finder?

Kansas 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. An economic damages report is written to that inquiry, with every rate and table traced to a published source. Medical Malpractice cases venued in Kansas are heard in the District Court (General jurisdiction; 31 judicial districts across 105 counties), with final appeals to the Kansas Supreme Court. Matters within federal jurisdiction proceed in the District of Kansas.

How does the Kansas damages framework shape life care plan costing in a medical malpractice case?

Kansas provides a wrongful death action for the heirs' pecuniary and nonpecuniary losses, with the nonpecuniary component subject to a statutory limit, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault reaches half, the common-law collateral source rule applies after the courts set aside a statutory offset, and prejudgment interest is generally limited to liquidated sums. 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 Kansas rules to a documented figure.

References

Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.