KW Economics prepares life care plan costing for medical malpractice cases venued in New Hampshire: what the loss claim consists of, the records that drive it, and a present value built to New Hampshire 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.
New Hampshire courts screen expert testimony for reliability under a statutory standard: 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 is written to that inquiry, with every rate and table traced to a published source.
Highest court: New Hampshire Supreme Court. Court system: courts.state.nh.us.
Federal venues: District of New Hampshire.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the New Hampshire Department of Labor, Workers' Compensation Division.
New Hampshire treats a death claim as the decedent's own action carried on by the estate: recovery includes the decedent's pain and suffering, medical and funeral expenses, and the probable duration of life and the capacity to earn money lost by the death, with limited separate allowances for a surviving spouse's and children's loss of comfort and society. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, and interest on the award runs from the filing of the writ.
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.
New Hampshire courts screen expert testimony for reliability under a statutory standard: 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 is written to that inquiry, with every rate and table traced to a published source. Medical Malpractice cases venued in New Hampshire are heard in the Superior Court (General jurisdiction; civil cases with jury trials, felonies), with final appeals to the New Hampshire Supreme Court. Matters within federal jurisdiction proceed in the District of New Hampshire.
New Hampshire treats a death claim as the decedent's own action carried on by the estate: recovery includes the decedent's pain and suffering, medical and funeral expenses, and the probable duration of life and the capacity to earn money lost by the death, with limited separate allowances for a surviving spouse's and children's loss of comfort and society. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, and interest on the award runs from the filing of the writ. 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 New Hampshire rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.