Asking life care planners specific, well crafted questions can expose weaknesses in their reports and testimony. Below are six key questions to ask opposing life care planners in a deposition or trial, and what you may learn from the answers.
- Did the plaintiff have any pre-existing medical conditions? If so, is treatment for those conditions included in the life care plan costs?
If an individual has a pre-existing condition, the cost of ongoing care for that condition should not be included in the life care plan, as it would have been needed had the injury not occurred. The life care planner may not have requested or received any pre-injury medical records. For prior orthopedic injuries and for some chronic illnesses, removing these costs can substantially alter the lifetime costs for treatment.
- Did you visit the plaintiff in his or her home (or request to)?
Visiting the injured person at home gives a life care planner a better understanding of a person’s impairments, limitations, living situation and what assistance and home modifications may be needed. If the life care planner did not visit the home, ask further questions about the basis for opinions on the need for assistance and home modifications.
- Did you speak to the treating physicians (or request to)?
Regardless of whether the life care planner is a nurse, rehabilitation consultant or physician, the life care planner should try to speak with all current treating physicians. The treating physicians know why they are using certain treatments and drugs and not others. They know what future treatment they recommend and why. Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiff’s injuries and care needs. It happens that treating physicians may refuse to speak with a life care planner, but the life care planner should always request a conversation and document the request and response.
- What are the most recent medical records you have reviewed?
Having the most recent medical records available provides the most accurate basis for opinions in a life care plan. It also provides the most comprehensive understanding of complications that may have occurred since the injury, and the injured party’s current functioning and status.
- Did you include potential complications in the overall pricing?
When the plaintiff may need a treatment, but no physician can say it is more likely than not the plaintiff will need a treatment, that treatment is considered a potential complication. Potential complications should always be listed separately, and their costs should not be included in the life care plan’s treatment costs.
- Are the prices for medications for generic drugs or for name-brand drugs?
For most classes of medications there are generic versions. Name-brand prescriptions cost significantly more than their generic equivalents. Unless a physician currently prescribes name brand medication, the life care planner should use the generic cost. For drugs to be taken for the plaintiff’s lifetime, the difference in cost can be large.
RPC provides a full array of economic damages services in personal injury cases for both plaintiff and defense attorneys. Our team includes life care planners, a vocational expert, economists, physicians and neuropsychologists. Our experts work together to create cohesive reports, while avoiding duplication of work and providing cost savings to attorneys.
View RPC’s Certified Life Care Planning Services