Retaining a life care planner in a medical malpractice matter requires early coordination with the standard-of-care and causation experts. The planner should be briefed on the alleged breach, the but-for baseline, and the incremental injury attributed to the breach so the plan is scoped to the care the breach caused.
Checklist
Confirm the case theory (alleged breach and causation) before planner retention
Send the engagement letter outlining scope, hourly rate, retainer, and deliverables
Provide all medical records, imaging, and prior expert reports
Coordinate with the standard-of-care and causation experts to align the incremental injury
Schedule an initial conference to discuss methodology and the deliverable timeline
Confirm deposition and trial dates early to preserve planner availability
Questions to ask the expert
What is your credentialing and prior testimony history in medical malpractice cases?
How will you isolate breach-related care from baseline medical needs?
What peer-reviewed literature supports your methodology for this injury?
How do you coordinate with physician experts on causation-dependent items?
What is your admissibility history and have you ever been excluded?
Timeline
Typical engagement from retention to report: 45-90 days depending on records volume and whether an in-person evaluation is needed. Plan for deposition 30-60 days after the report, and trial testimony on the court's calendar.
Required documents
Complete certified medical records (pre- and post-event)
Imaging, pathology, and lab results
Treating provider depositions (if available)
Standard-of-care expert reports
Causation expert reports
Current treatment, medication, equipment, and care arrangements
Common pitfalls
Retaining too late and truncating the records review period
Scope ambiguity between the planner and the causation physician
Failing to isolate incremental care from baseline care
Overlapping or conflicting opinions among retained experts
Not always. Catastrophic outcomes call for a full plan; less severe injuries may be served by a medical cost projection limited to the breach-related care.
Who coordinates between the retained experts?
Retaining counsel coordinates, though the life care planner can set up communication with the causation physician and the economist when several experts are retained on the same case.
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.