Medical Malpractice Permanent Injury Economic Damages
Earnings and capacity loss from birth injury, surgical error, and diagnostic failures.
Medical malpractice cases involving permanent injury—birth injury, surgical complications, anesthesia errors, delayed cancer diagnosis—require economic damages tied to lifelong disability. Paediatric cases dominate capacity-based methodology given absent earnings history.
Economists work with life care planners, medical experts, and vocational specialists. Economic damages exclude medical costs captured in life care plans unless solicitors direct otherwise.
State med mal caps, periodic payment rules, and collateral source statutes affect net recovery. Economians calculate gross economic loss; solicitors apply legal caps and setoffs.
defendant-side economists challenge speculative career projections for children and reduced work-life assumptions unsupported by life expectancy evidence. Documentation of ONS ASHE sources and work-life tables supports CPR Part 35 (Ikarian Reefer) admissibility.
Frequently asked questions
- How are lifetime earnings calculated for a birth injury case?
- Economists project earning capacity using education potential, parental socioeconomic indicators where appropriate, and ONS ASHE data for suitable occupations given permanent restrictions. Vocational experts identify post-injury suitable work. Loss is calculated over work-life expectancy, often to age 65 or 67, with present value discounting.
- Should the economist review the life care plan?
- Yes, to ensure no double recovery between economic loss and medical/caregiving costs in the life care plan. The economist separates wage loss from medical expenses and coordinates household services assumptions.
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