The Value of Life Care Plans to Proving Damages in Personal Injury and Medical Malpractice Cases
Edmond Provder
Vocational Expert & Life Care Planner for the Catastrophically Injured in Personal Injury, Medical Malpractice & Divorce and Author
In any personal injury or medical malpractice case, the fundamental goal is to compensate the victim for the injuries he or she has suffered as a result of another’s negligent or reckless conduct. Compensation can come in many forms, including medical expenses, rehabilitation treatments, pain and suffering, lost income, lost potential of earning future income, and loss of relations with a spouse.
If an injury is so serious that it will impact a victim for the rest of his or her life, then a lifetime of medical care and treatment needs to be compensated as well. In a good number of cases, the cost of future medical care and treatment for life can be the most substantial item of damages in the case.
In order to provide a court and jury with the proper information with regard to the cost of a lifetime of medical care, seasoned personal injury and medical malpractice attorneys will use a life care plan as part of their case to demonstrate the future medical needs of a victim and the costs of such medical treatment.
What are Life Care Plans?
Life care plan experts who analyze the victim’s past history, medical and employment; in addition to their present medical outlook normally prepare life care plans. This information is then used to create a life care plan that estimates the victim’s future medical needs for the rest of his or her life.
Once the life care planner creates the life care plan, the victim’s attorney first reviews it, and then it is shared with defendants in the personal injury or malpractice case. If the case goes to trial the life care planner will testify before a judge and jury.
Why is the Life Care Plan Valuable?
There are two primary benefits of a life care plan for a victim of an accident or of malpractice. First, it serves as a comprehensive report of the victim’s medical condition – past, present, and future. It also serves as a guide to the victim and medical professionals alike as to what kind of future medical treatment a victim will need, and serves to confirm a victim’s claim for pain and suffering.
Second, and most significantly, the life care plan is evidence that is presented to a jury so that the jury members can easily understand what the victim will need with regard to medical care in the future, and the reasonable cost of that care.