Life Care Plans in Traumatic Brain Injury Cases: Challenging Future Damages Calculations

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, December 20, 2022 (in 10 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will guide personal injury counsel in using or challenging life care plans offered in traumatic brain injury cases to measure and present future medical damages. The panel will also explain strategies that counsel frequently use to challenge life care plans throughout a case: discovery, cross-examination of life care planning experts, and closing argument.

Description

Plaintiffs' counsel frequently use life care plans in traumatic brain injury cases to support their contentions regarding damages and the projected cost of future medical expenses. The life care plan is dynamic and based on published standards of practice. The life care plan should include a comprehensive assessment of the plaintiff's medical condition and outline the plaintiff's current and future needs and all associated costs.

Plaintiffs' counsel must understand how to effectively utilize life care plans to account not only for basic medical needs but also future attendant care needs which often exceed basic medical costs by a considerable margin. Defense counsel needs to understand how to critically assess a plaintiff life care plan to distinguish between bona fide catastrophic care needs vs. excessively priced or non-medically necessary items. Both plaintiff and defense counsel need to understand how life expectancy adjustment may impact both the duration of and complexity of medical treatment.

Counsel must also ensure the cost estimates for future care stated in the goals align with the actual costs of the plaintiff's current treatment while considering a reasonable estimate of rising healthcare costs. Plaintiffs' attorneys must be ready to withstand attacks against life care plans by defendants' counsel relating to the type of treatments proposed, their long-term effectiveness, and provisions for new therapies and treatments.

Defense counsel rarely accept life care plans at face value and often look to challenge them through discovery, motions, and cross-examination. Defense counsel will also utilize Daubert challenges against the life care planning expert.

Listen as our authoritative panel discusses the plaintiffs' and defendants' counsel perspectives on using life care plans in traumatic brain injury litigation.

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Outline

  1. Overview of life care plans
  2. Plaintiff strategies
  3. Defense strategies

Benefits

The panel will review these and other key issues:

  • The evolution of life care plans and life care planners
  • Analyzing items/services involved in traumatic brain injury litigation
  • Discovering the life care planner's methodology
  • Distinguishing medically necessary from medically beneficial
  • Exploring bias and prejudice
  • Critical lines of questioning when deposing a life care planner
  • Addressing life care plans during mediations
  • Attacking and defending life care planners at trial

Faculty

Alfini, David
David J. Alfini

Partner
Hinshaw & Culbertson

Mr. Alfini focuses his practice on helping his clients control their risk both inside and outside of the court room. He...  |  Read More

Kaplan, Richard
Dr. Richard S. Kaplan, MD, CLCP

Physician Life Care Planner
Kaplan Life Care Planning

Dr. Kaplan has gained his experience treating patients in many clinical settings who have complex pain and disability...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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