KW Economics prepares personal injury economic damages analysis for medical malpractice cases venued in Louisiana: what the loss claim consists of, the records that drive it, and a present value built to Louisiana damages rules and venues. Plaintiff and defense.
In a medical malpractice claim every component of the integrated report is measured as the difference between two paths: the outcome the patient would have had with proper care and the outcome the injury produced. The economist takes the causation and prognosis opinions as the baseline, builds the but-for earnings and care profile from them, and measures only the incremental earnings loss, household services loss, and care cost the injury added. Where physicians disagree on life expectancy or apportionment, the report presents the total under each scenario so the fact finder can attach the number to its finding.
An integrated economic damages report for an injured person: lost earnings and fringe benefits, lost household services, and the present value of future medical and care costs supplied by treating providers or a life care plan. One report carries every economic component to a single present value with consistent growth, discount, and life expectancy assumptions, so counsel can present the damages as a whole and the jury sees one set of numbers.
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.
Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.
Highest court: Louisiana Supreme Court. Court system: lasc.org.
Federal venues: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Louisiana Office of Workers' Compensation Administration.
Louisiana's civil code provides a survival action for the decedent's own damages and a separate wrongful death action for the designated beneficiaries' losses, both measured under a pure comparative fault system. The collateral source rule applies with exceptions the courts have carved out for amounts written off by providers, and judicial interest runs on tort awards from the date of judicial demand.
We issue the final report and provide deposition and trial testimony, rebuttal of opposing economic reports, and recalculation when the life care plan or the medical record is updated.
In a medical malpractice claim every component of the integrated report is measured as the difference between two paths: the outcome the patient would have had with proper care and the outcome the injury produced. The economist takes the causation and prognosis opinions as the baseline, builds the but-for earnings and care profile from them, and measures only the incremental earnings loss, household services loss, and care cost the injury added. Where physicians disagree on life expectancy or apportionment, the report presents the total under each scenario so the fact finder can attach the number to its finding.
Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources. Medical Malpractice cases venued in Louisiana are heard in the District Court (General jurisdiction; civil and criminal cases at the parish level), with final appeals to the Louisiana Supreme Court. Matters within federal jurisdiction proceed in the Eastern District of Louisiana, Middle District of Louisiana, and Western District of Louisiana.
Louisiana's civil code provides a survival action for the decedent's own damages and a separate wrongful death action for the designated beneficiaries' losses, both measured under a pure comparative fault system. The collateral source rule applies with exceptions the courts have carved out for amounts written off by providers, and judicial interest runs on tort awards from the date of judicial demand. 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 Louisiana rules to a documented figure.
Request a consultation on Personal Injury or call (201) 343-0700. Plaintiff and defense counsel.