Recovery of Future Medical Expenses for Novel Treatment

Future medical expenses have always been an important component of personal injury jury awards. As medical technology advances, so do awards for future medical expenses. Advanced medical techniques are being utilized more frequently, which are reflected in the escalation of future medical awards. For example, cosmetic surgeries and the use of increasingly advanced prosthetic devices have become more frequent, and this has inevitably increased future medical expenses. Courts must determine whether there will be a limitation on future medical awards resulting from novel treatment. This article provides an overview of key themes that arise in a claim for future medical expenses, including: the standard for recovery, the defense's argument that future medical procedures are speculative, and the types of expert testimony that have proven most effective in claims for novel treatments. Advancements in medical technology and escalating healthcare costs are generally reflected in the inflation of future medical awards. Experimental procedures, expensive prosthetic devices, and ever-expanding options for cosmetic surgery all contribute to increase awards.