An Agenda for Future Research in Forensic Economics: Topics from NAFE Surveys and Additional Proposals

This paper provides suggestions for future research by forensic economists, focused upon personal injury and wrongful death cases. The paper is particially based on questions from our 10 surveys of NAFE members over 25 years, in which members were directly asked to rank future areas of forensic economic research in importance. We discuss answers to important questions where there is little or no consensus among respondents, and where consensus is reasonably clear, as this may influence topics chosen for future research. We also discuss research topics by drawing on our own experience as forensic economists.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Arizona

This article provides a framework for calculating economic damages in personal injury and wrongful death litigation in Arizona by providing the information necessary to produce opinions and testimony that conform to Arizona laws, rules, regulations, and practice.

Perspective on morbidity and mortality of cervical surgery performed in outpatient/same day/ambulatory surgicenters versus inpatient facilities

Background: This is an updated analysis of the morbidity and mortality of cervical surgery performed in outpatient/same day (OSD) (Postoperative care unit [PACU] observation 4–6 h), and ambulatory surgicenters (ASC: PACU 23 h) versus inpatient facilities (IF). Methods: We analyzed 19 predominantly level III (retrospective) and IV (case series) studies regarding the morbidity/mortality of cervical surgery performed in OSC/ASC versus IF. Results: A “selection bias” clearly favored operating on younger/healthier patients to undergo cervical surgery in OSD/ASC centers resulting in better outcomes. Alternatively, those selected for cervical procedures to be performed in IF classically demonstrated multiple major comorbidities (i.e. advanced age, diabetes, high body mass index, severe myelopathy, smoking, 3–4 level disease, and other comorbidities) and had poorer outcomes. Further, within the typical 4–6 h. PACU “observation window,” OSD facilities “picked up” most major postoperative complications, and typically showed 0% mortality rates. Nevertheless, the author’s review of 2 wrongful death suits (i.e. prior to 2018) arising from OSD ACDF cervical surgery demonstrated that there are probably many more mortalities occurring following discharges from OSD where cervical operations are being performed that are going underreported/unreported. Conclusion: “Selection bias” favors choosing younger/healthier patients to undergoing cervical surgery in OSD/ ASC facilities resulting in better outcomes. Atlernatively, choosing older patients with greater comorbidities for IF surgery correlated with poorer results. Although most OSD cervical series report 0% mortality rates, a review of 2 wrongful death suits by just one neurosurgeon prior to 2018 showed there are probably many more mortalities resulting from OSD cervical surgery than have been reported.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Maryland

This article is one in the Journal of Forensic Economics series providing experts with information about how to prepare and testify about economic damages in personal injury and wrongful death cases in the state of Maryland.1 Topics covered include a review of the Maryland state court system, rules regarding expert testimony, and wrongful death and personal injury economic damages calculations. An Appendix contains the relevant statutes.

Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Nebraska

In a recent paper, Rosenbaum and Richardson (2019) described assessing economic damages in personal injury and wrongful death cases in Nebraska. That article omitted discussion of Nebraska's rules regarding hedonic damages. This note corrects that omission.

Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of California

This article is designed to update the original article that appeared in the Journal of Forensic Economics, 17:3 (2004). The article discusses a change in procedure for expert discovery and deposition and five substantive changes and clarifications affecting the legal guidance for valuation of damages in personal injury and wrongful death cases in California.

Analysis Of The Punishment Of Penalties By Courts For Wrongful Death During Violation Of Rules Of Road Safety Or Operation Of Transport

The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of transport by persons who drive vehicles which caused caused the death of the victim or death (Part 2 and part 3 of Article 286 of the Criminal Code of Ukraine). The ratio of the type and amount of punishment imposed by courts under this articleі of the Criminal Code of Ukraine on the basis of sentences passed by courts during 2019 is given. The appointment of the courts under the sanction of Part 2 and 3 of Article 286 of the Criminal Code of Ukraine of each of the types of penalty is analyzed. The author outlined the main aspects in the using of these types of punishments by the courts. The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal Code of Ukraine. Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than half of the analyzed sentences. All court verdicts for 2019, contained in the Unified State Register of court decisions rendered in respect of crimes under Part 2 and Part 3 of Art. 286 of the Criminal Code of Ukraine, which resulted in negligent death of another person. In addition, the author of the article suggested possible solutions to the problem, which are likely to arise as a result of the mandatory deprivation of the right to drive vehicles. According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 2 and part 3 of Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. It also covers the expediency of release by a court from serving a sentence of reprimand for negligent death of a person as a result of violation of traffic safety rules and operation of transport, as well as the imposition of a milder punishment than provided by law.

Adoption of Children

The practice of adoption of children, and the terminology, existed in Scotland long before it was created as a legislative process. This chapter looks at the roots of adoption of children, in the benign informal adoption arrangements families and communities made, and in the malign money-driven practice of “baby-farming”. Demands for regulation grew after the First World War, and the Parliamentary debates on what became the Adoption of Children Act 1926 is covered in some detail. Thereafter the chapter explores all the legislative changes, bringing in forbidden degrees, damages for wrongful death and succession, this presented to show how adoption only gradually embraced the “full-transference of parenthood” model that it has today. The change throughout the 20th century from an essentially private arrangement to the end-game of public law child protection processes is analysed in some detail, especially in relation to the court’s ability to dispense with parental consent. Finally, the motivations behind the sub-adoption order, known as the Permanence Order, created in 2007, is examined.