Before retaining a life care planner in a medical malpractice case, confirm the standard-of-care and causation positions and identify what care the patient would have needed anyway. The plan must separate the care attributable to the alleged breach from the baseline, and that separation depends on the causation opinion.
Checklist
Confirm the standard-of-care expert opinion
Confirm the causation expert opinion and the injury it attributes to the breach
Identify the baseline care the patient would have needed without the breach
Identify whether an incremental-harm plan is required
Budget for planner fees across records review, evaluation, report, and testimony
Questions to ask the expert
How do you separate breach-related care from baseline care in the plan?
How will you coordinate with the causation physician?
What is the expected timeline from retention to report?
Timeline
Typically 2-4 weeks between first considering retention and executing the engagement letter, depending on planner availability.
Required documents
Preliminary medical records summary
Standard-of-care and causation expert draft opinions
Current treatment, medication, and equipment documentation
Common pitfalls
Retaining before causation is clear, wasting fees on speculative scope
Leaving the baseline undefined so the incremental plan cannot be built
Underestimating the complexity of an incremental-harm analysis
How early should I start considering planner retention?
As soon as the standard-of-care and causation theories are articulated. Early consideration lets the planner shape the causation physician's description of the incremental injury.
Ready to Get Started on medical malpractice cases?
Contact our team to discuss how KW Life Care Planning can support your case with certified life care planning expertise. Request a Consultation or call (201) 343-0700.