On March 24, 2023, Florida House Bill 837, became law. It has an impact on the valuation and recovery of damages for past and future medical care in personal injury cases. HB 837 allows defendants to discover and introduce evidence regarding allowable amounts for commercial insurance, Medicare, and Medicaid which the jury can consider in awarding medical damages.
A Look Back at RPC in 2023 and Forward to 2024 - From RPC President, Ronald T. Luke, JD, PhD
Loss of earning capacity is often a major element of economic damages. In personal cases when the plaintiff alleges a significant loss of earning capacity due to physical or cognitive impairments from an injury, a vocational expert can reliably determine what, if any, post-injury jobs the plaintiff can perform and the earnings from those jobs.
Medical cost estimates (MCEs) and life care plans (LCPs) are reports prepared for a plaintiff or defendant in a personal injury case to estimate reasonable costs of future medical care. The difference in the cost of the two reports justifies careful consideration whether a full LCP is needed or an MCE will suffice. In this blog, we discuss what an MCE is and whether it is best to prepare an MCE or an LCP, depending on the facts of the case.
Support for repealing CON laws has gained momentum in recent years. During the COVID-19 pandemic 25 states loosened CON laws. Since then, legislation has been introduced in several states to partially or completing repeal CON requirements. Some of these bills passed, and others inspired legislators in other states to introduce similar bills in 2024. This blog post summarizes recent legislative efforts in North Carolina, South Carolina, and Georgia.
RPC has a Louisiana team of damages experts for personal injury cases including vocational consultants, life care planners, legal nurse consultants, a certified coder, and economists. RPC also has on-going relationships with board-certified physicians in multiple specialties.
The North Carolina Healthcare Planning and Certificate of Need (CON) Section has released their recommended 2024 need determinations and CON review schedule. RPC’s team of experts has experience successfully navigating North Carolina’s extensive CON process. Learn More
Past and future medical costs are often the largest element of economic damages in personal injury cases. In Texas cases, there is an important distinction between reasonable charges for medical services and the reasonable value of medical services. We discuss the distinction in this blog.
With the passage of Senate Bill 164 earlier this year, South Carolina removed certificate of need (CON) requirements for Ambulatory Surgery Centers (ASCs). New ASCs now only require licensure prior to operation and construction plan and specification approval prior to beginning construction.
When projecting future medical needs and associated costs in life care plans, the choice between recommending generic or brand-name medications is an important one. The choice should be based on the factors of cost, efficacy, safety, and individual needs. In this blog, we discuss each factor. Unless an individual’s medical needs require a brand-name drug, the generic equivalent will usually be the rational choice.