KW Economics prepares life care plan costing for medical malpractice cases venued in Oregon: what the loss claim consists of, the records that drive it, and a present value built to Oregon 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.
Oregon courts apply a multi-factor reliability inquiry of their own to expert testimony, asking whether the method is accepted in the profession, whether it has been tested and reviewed, and whether the economist applied it to the facts of the case, with qualification resting on training and experience. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.
Highest court: Oregon Supreme Court. Court system: courts.oregon.gov.
Federal venues: District of Oregon.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Oregon Workers' Compensation Division.
Oregon's wrongful death statute gathers the estate's and the beneficiaries' claims into one action brought by the personal representative: the decedent's pre-death losses and suffering, medical and funeral expenses, the beneficiaries' pecuniary loss, and their loss of society and companionship. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the court may reduce an award after verdict by collateral-source payments other than insurance the plaintiff purchased, federal benefits, and sources with a reimbursement right, and prejudgment interest is generally not available on unliquidated injury damages.
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.
Oregon courts apply a multi-factor reliability inquiry of their own to expert testimony, asking whether the method is accepted in the profession, whether it has been tested and reviewed, and whether the economist applied it to the facts of the case, with qualification resting on training and experience. 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 Oregon are heard in the Circuit Court (General jurisdiction; 27 judicial districts; civil, criminal, family, and probate matters), with final appeals to the Oregon Supreme Court. Matters within federal jurisdiction proceed in the District of Oregon.
Oregon's wrongful death statute gathers the estate's and the beneficiaries' claims into one action brought by the personal representative: the decedent's pre-death losses and suffering, medical and funeral expenses, the beneficiaries' pecuniary loss, and their loss of society and companionship. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the court may reduce an award after verdict by collateral-source payments other than insurance the plaintiff purchased, federal benefits, and sources with a reimbursement right, and prejudgment interest is generally not available on unliquidated injury damages. 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 Oregon rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.