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

By KW Economics Editorial Team · Updated

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

How life care plan costing applies to Medical Malpractice in Maine

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.

Maine courts and expert standards

Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Maine Supreme Judicial Court. Court system: courts.maine.gov.

Federal venues: District of Maine.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Maine Workers' Compensation Board.

Damages framework

Maine's wrongful death action is brought by the personal representative for the beneficiaries' pecuniary injuries, with separate and limited allowances for loss of comfort, society, and companionship, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest runs from the filing of the notice of claim or complaint.

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 Maine medical malpractice matters

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

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 Maine courts ask of life care plan costing before it reaches the fact finder?

Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record. Medical Malpractice cases venued in Maine are heard in the Superior Court (General jurisdiction; civil cases, jury trials in major criminal cases), with final appeals to the Maine Supreme Judicial Court. Matters within federal jurisdiction proceed in the District of Maine.

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

Maine's wrongful death action is brought by the personal representative for the beneficiaries' pecuniary injuries, with separate and limited allowances for loss of comfort, society, and companionship, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest runs from the filing of the notice of claim or complaint. 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 Maine rules to a documented figure.

References

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