KW Economics prepares life care plan costing for medical malpractice cases venued in Missouri: what the loss claim consists of, the records that drive it, and a present value built to Missouri damages rules and venues. Plaintiff and defense.
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.
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.
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.
Highest court: Missouri Supreme Court. Court system: courts.mo.gov.
Federal venues: Eastern District of Missouri, Western District of Missouri.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Missouri Division of Workers' Compensation.
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.
We issue the final report and provide deposition and trial testimony, rebuttal of opposing present value opinions, and revaluation when the plan is updated.
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.
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. Medical Malpractice cases venued in Missouri are heard in the Circuit Court (General jurisdiction; 46 judicial circuits; all civil, criminal, domestic, and probate matters), with final appeals to the Missouri Supreme Court. Matters within federal jurisdiction proceed in the Eastern District of Missouri and Western District of Missouri.
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. 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 Missouri rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.