KW Economics prepares life care plan costing for medical malpractice cases venued in Rhode Island: what the loss claim consists of, the records that drive it, and a present value built to Rhode Island 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.
Rhode Island trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it fits the facts of the case. A damages report meets that inquiry by tying each input to the record and naming the published source behind every rate and table.
Highest court: Rhode Island Supreme Court. Court system: courts.ri.gov.
Federal venues: District of Rhode Island.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Rhode Island Workers' Compensation Court.
Rhode Island measures wrongful death by the pecuniary loss to the beneficiaries, computed from the decedent's projected earnings net of personal living expenses and reduced to present value under a method the courts have set out, together with the decedent's own pre-death claims and the survivors' loss of society and companionship, and the statute sets a minimum recovery. Pure comparative fault reduces the award in proportion, the common-law collateral source rule applies, and prejudgment interest on tort awards runs from the date of injury, which makes the interval between injury and judgment part of the economic picture.
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.
Rhode Island trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it fits the facts of the case. A damages report meets that inquiry by tying each input to the record and naming the published source behind every rate and table. Medical Malpractice cases venued in Rhode Island are heard in the Superior Court (General jurisdiction; larger civil cases, felonies), with final appeals to the Rhode Island Supreme Court. Matters within federal jurisdiction proceed in the District of Rhode Island.
Rhode Island measures wrongful death by the pecuniary loss to the beneficiaries, computed from the decedent's projected earnings net of personal living expenses and reduced to present value under a method the courts have set out, together with the decedent's own pre-death claims and the survivors' loss of society and companionship, and the statute sets a minimum recovery. Pure comparative fault reduces the award in proportion, the common-law collateral source rule applies, and prejudgment interest on tort awards runs from the date of injury, which makes the interval between injury and judgment part of the economic picture. 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 Rhode Island rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.