Future Medical Expenses in Personal Injury: Challenging Causation, Predicting Future Need, Establishing Costs
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine proving or limiting what is often the largest category of damages in personal injury cases: future medical expenses. The panel will first focus on the pitfalls and strengths of studies that purport to establish a causal connection between a present injury and some aggravated condition or new disease that may arise in the future. The panel will then present strategies and best practices for ensuring that future expenses awarded are appropriate but not excessive, and what type of evidence juries are allowed to consider.
- How proof of present medical expenses differs from future expenses
- The role of epidemiology in establishing causation for future conditions
- Correlation vs. causation vs. statistical significance
- Methodologies in epidemiology
- Best practices for defending and challenging causation experts
- Predicting and calculating future medical costs
- Plaintiff strategies
- Defense strategies
The panel will examine these and other key issues:
- What is the burden of proof to recover for future medical expenses when they are and are not directly related to the injury?
- What is the difference between relative risk and causation?
- How should epidemiological studies be interpreted?
- Does the probability of developing a future disease impact other types of economic damages?
- Is a "market rate" or "billed rate" the more appropriate measure of medical expenses?
Horvitz & Levy
Mr. Fleischman has expertise in litigating commercial disputes (breach of contract, fraud, business interference) and... | Read More
Mr. Fleischman has expertise in litigating commercial disputes (breach of contract, fraud, business interference) and has substantive knowledge in professional liability, anti-SLAPP, insurance coverage, real estate, unfair competition (Cal. Bus. & Prof. Code § 17200), takings, and mobile home park law. He also has expertise in litigating the proper standards for the recovery of medical damages in personal injury cases under Howell v. Hamilton Meats & Provisions, Inc. (2011) and its progeny.Close
H. Thomas Watson
Horvitz & Levy
Mr. Watson is a partner at the firm, where he has practiced since 1992. He has been a California State Bar Certified... | Read More
Mr. Watson is a partner at the firm, where he has practiced since 1992. He has been a California State Bar Certified Appellate Specialist since the first year the State Bar offered certification in 1996. Mr. Watson has prepared the appellate updates on healthcare law for both the California Society for Healthcare Attorneys and the Health Law Committee of the California Lawyers Association Business Law section since 2014, and from 2007 to 2012 he prepared the appellate updates for the Insurance Law Committee of the California State Bar Business Law Section. In addition to working on numerous cases in the California Court of Appeal, the Ninth Circuit Court of Appeals, and appellate courts in other jurisdictions, he has extensive experience litigating before the California Supreme Court as appellate counsel for both parties and amici curiae.Close