Category: Medical malpractice

Calculating Future Lost Earnings with No Earnings History

One common point of disagreement amongst opposing sides of a lost earnings case is future earnings, especially when the claimant has no meaningful earnings history.  This typically occurs in personal injury cases in which the injured party is a child or an adolescent.  Recently published data by the Board of Governors of the Federal Reserve …

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Permanent link to this article: http://betweenthenumbers.net/2018/06/calculating-future-lost-earnings-with-no-earnings-history/

Calculate Economic Damages Associated with Lost Earnings Claims Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts (often economists or CPAs) are often employed to calculate lost compensation because of their unique background/skill set in addressing such economic losses.  However, the desire to minimize costs means …

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Permanent link to this article: http://betweenthenumbers.net/2018/04/calculate-economic-damages-associated-with-lost-earnings-claims-accurately-and-efficiently/

Medical Diagnostic Errors are the Primary Cause of Malpractice Claims

Based on a Johns Hopkins University study, a prior blog post provides some alarming statistics on surgical “never events” (a term used in the medical community to describe a preventable surgical event that is “never” supposed to occur) that actually do occur.  More recently from the same university, a study concluded the following: Of approximately …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/medical-diagnostic-errors-are-the-primary-cause-of-malpractice-claims/

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

Statute of Limitations Interpretation on Filing a Medical Malpractice Suit May Vary Even Within States

Many states have laws requiring patients to file medical malpractice claims by a defined time period.  If the patient misses the defined time period, he/she may see the claim quickly tossed.   However, a recent Wyoming Supreme Court reversed a malpractice ruling citing that the District Court Judge wrongly ruled that plaintiff failed to timely file …

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Permanent link to this article: http://betweenthenumbers.net/2013/06/statute-of-limitations-interpretation-on-filing-a-medical-malpractice-suit-may-vary-even-within-states/

Consideration of Taxes in a Lost Earnings Calculation

Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount.  In the well-known 1980 Supreme Court case, Norfolk & Western Railway Co. v. Liepelt, the Court ruled that courts should consider taxes and calculate lost earnings net of income taxes.  The Court’s rationale was that the damage …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/consideration-of-taxes-in-a-lost-earnings-calculation/

Law and Economics Unite for the Greater Good? In Theory, but Maybe Not in Practice.

A fifth U.S. Circuit Court of Appeals recently upheld Mississippi’s $1 million cap on what Plaintiffs can recover for pain and suffering (aka non-economic damages) in personal injury cases with pharmaceutical product liability.  The jury initially awarded Plaintiff, Ms. Learmonth, a total of $4 million for injuries suffered from a car crash with a Sears …

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Permanent link to this article: http://betweenthenumbers.net/2013/04/law-and-economics-unite-for-the-greater-good-in-theory-but-maybe-not-in-practice/

Lost Compensation Settlement Tool Allows You to Assess Economic Damages Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts are often employed to calculate lost compensation because of their unique background/skill set.  However, the desire to minimize costs means that these experts are often employed after settlement efforts …

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Permanent link to this article: http://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/

Surgical “Never Events” Really do Happen

Many people that think they have suffered from medical malpractice fail to pursue and file a legal claim because of the challenges that lie ahead (e.g., legal fees, risk of the claim not succeeding, etc.). To be successful, a medical malpractice claim generally needs to prove that (i) the treating medical professional fell below the …

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Permanent link to this article: http://betweenthenumbers.net/2013/02/surgical-never-events-really-do-happen/

How much money would Hulk Hogan make for the rest of his life?

If Hulk Hogan successfully proves his medical malpractice lawsuit against the Laser Spine Institute, we should find out the answer. Mr. Terry Bollea (aka Hulk Hogan) recently filed a lawsuit which alleges, among other things, that the Laser Spine Clinic performed unnecessary surgeries on Hulk Hogan over an 18-month period.  Hulk Hogan alleges these excessive …

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Permanent link to this article: http://betweenthenumbers.net/2013/01/how-much-money-would-hulk-hogan-make-for-the-rest-of-his-life/