Elder Care Planning for medical malpractice cases where a claim or court proceeding is also involved: how the family and fiduciary care plan is prepared, what it documents, and how it is used alongside the claim.
Care categories depend on the injury: delayed-diagnosis cases may involve oncology follow-up, surgery, and palliative care; surgical and anesthesia injury may involve neurological rehabilitation, wound care, ostomy supplies, or chronic pain management; medication and hospital-acquired injury may involve dialysis, organ transplant follow-up, or long-term nursing. The plan is organized by the same categories as any life care plan, with each item flagged as incremental or baseline.
A written care plan organized by care category and time period, with a documented cost source for each item, and, when separately retained for the proceeding, testimony to the plan.
The planner documents what care the patient would have needed for the underlying condition absent the breach, based on physician opinion and the medical record, then lists separately the care made necessary by the injury. Items that fall in both are identified so counsel can address apportionment.
Treating physicians and any retained standard-of-care and causation experts. The life care planner does not opine on causation; the plan states which physician recommendations support each care item.
Yes. Rebuttal review examines the opposing plan's clinical foundation, frequencies, durations, cost sources, and treatment of baseline care, and identifies where it departs from the record or from accepted life care planning methodology.
They define the baseline. The plan projects how the pre-existing condition would have progressed and what care it would have required, then limits the claimed items to the additional care caused by the injury.
Contact our team to discuss the person's current care needs and the decision the plan must support. KW Life Care Planning works directly with families, guardians, trustees, and care managers; no attorney is required to engage the practice. Request a Consultation or call (201) 343-0700.