Life Care Planning in Traumatic Brain Injury Cases: Key Distinctions and Litigation Strategies for Attorneys

Richard S. Kaplan
Richard S. Kaplan
Kaplan Life Care Plan

For over 25 years, Mr. Kaplan has participated extensively in a wide variety of forensic evaluations related to physical rehabilitation including evaluations of pain, disability, medical malpractice, personal injury, impairment, and medical necessity issues.

Mackenzie E. Wilson
Mackenzie E. Wilson
Munley Law

Mackenzie E. Wilson is an attorney at Munley Law where she concentrates her practice on trucking crashes, motor vehicle collisions, and medical malpractice cases.

On-Demand: October 11, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Life Care Planning in Traumatic Brain Injury Cases: Key distinctions and litigation strategies for attorneys – Dr. Richard Kaplan

Dr. Kaplan will discuss Life Care Planning in Traumatic Brain Injury cases from the perspective of both plaintiff and defense attorneys. In this session, Dr. Kaplan will discuss the key differences between a traumatic brain injury vs. post-concussion syndrome and how this distinction impacts life care planning and may impact an attorney's approach to litigation. He will review how to identify key issues in such a legal case early on and how these considerations impact both de novo life care plans and life care plan rebuttals. He will discuss how long-term or attendant care often far exceeds basic medical costs in such a case and thus why this is a key area upon which to focus for either plaintiff or defense. Dr. Kaplan will also review how life expectancy considerations may impact life care plans in TBI. Finally, Dr. Kaplan will discuss how a mediation statement or preliminary life care plan may be a cost-effective and time-effective option to settle these cases instead of proceeding to trial.

Key topics to be discussed:

  • Distinguishing between TBI vs Post-Concussion Syndrome
  • Basic Medical Cost vs Long-Term Attendant Care Impact upon Life Care Plan
  • Life Expectancy Calculation in TBI
  • Full Life Care Plan vs. Mediation Statement/Preliminary Life Care Plan

Session II – Mastering Life Care Plans in Complex Injury Litigation: Strategies for depositions, mediation, and trial – Mackenzie Wilson

This session will delve into the evolving field of life care plans and the role of life care planners, particularly in traumatic brain injury (TBI) cases. Attendees will learn about the key features of life care plans, how to evaluate the methodology behind these plans, and distinguish between medically necessary and beneficial services. This session will discuss the role of a life care planner in TBI cases and how the life care planner can help the lawyer. This session will also cover critical lines of questioning for depositions, strategies for addressing life care plans during mediation, and approaches to both defending and attacking life care planners at trial. This session is essential for attorneys handling complex injury cases.

Key topics to be discussed:

  • Briefing: Why consider a life care plan in traumatic brain injury cases
  • The Development of Life Care Plans and the Role of Life Care Planners
  • Evaluating Services and Costs in Traumatic Brain Injury Cases
  • Understanding the Methodology Behind Life Care Plans
  • How a Life Care Plan Helps the Attorney
  • Handling Life Care Plans in Mediation
  • Strategies for Challenging or Defending Life Care Planners at Depositions or Trial

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Richard S. Kaplan_FedBarRichard S. Kaplan, M.D. | Kaplan Life Care Plan

Richard S. Kaplan, M.D. earned his BS in Engineering Science and a Doctor of Medicine degree with research distinction from the University of Miami College of Engineering and the University of Miami School of Medicine in 1990. Subsequently, Dr. Kaplan completed an internship in internal medicine at Mayo Clinic in Rochester, MN and a residency in physical medicine and rehabilitation at Mayo Clinic in Rochester, MN. Dr. Kaplan became Board Certified in Physical Medicine and Rehabilitation in 1995. Since completion of his medical training almost 30 years ago, Dr. Kaplan has continuously maintained a private practice of physical medicine and rehabilitation.

For 15 years he was the Medical Director of acute inpatient rehabilitation at Uniontown Hospital, Uniontown, Pennsylvania. Additionally, treats outpatient with a wide variety of pain and physical disability issues. Dr. Kaplan is licensed in 10 states, and he is certified as a life care planner. For over 25 years, he has participated extensively in a wide variety of forensic evaluations related to physical rehabilitation including evaluations of pain, disability, medical malpractice, personal injury, impairment, and medical necessity issues. Dr. Kaplan’s forensic work in this regard is spread widely and essentially equally among requests from plaintiff’s, defendants, and neutral bodies such as government entities.

Additionally, within his practice of life care planning, Dr. Kaplan subspecializes in life expectancy consultation; he maintains an extensive personal library of LCP-related peer reviewed literature and has developed software applications and databases to help in him analyzing such cases. Dr. Kaplan has additionally taught life care planning courses to other life care planners nationally through SEAK and Strafford.

 

Mackenzie E. Wilson_FedBarMackenzie E. Wilson | Munley Law

Mackenzie E. Wilson is an attorney at Munley Law where she concentrates her practice on trucking crashes, motor vehicle collisions, and medical malpractice cases. Mackenzie represents accident victims, including many suffering from traumatic brain injuries. She is a member of the Pennsylvania Bar Association, American Association for Justice, Pennsylvania Association for Justice, and the Melvin Belli Society.

Mackenzie has received numerous awards within the profession including being named to the Best Lawyers: Ones to Watch List and selected to the Top 40 Under 40 Civil Plaintiff Attorneys by the National Trial Lawyers Association. She obtained her undergraduate degree from the University of Scranton and her law degree from Villanova University Charles Widger School of Law.

Agenda

Session I – Life Care Planning in Traumatic Brain Injury Cases: Key distinctions and litigation strategies for attorneys | 1:00pm – 2:00pm

  • Distinguishing between TBI vs Post-Concussion Syndrome
  • Basic Medical Cost vs Long-Term Attendant Care Impact upon Life Care Plan
  • Life Expectancy Calculation in TBI
  • Full Life Care Plan vs. Mediation Statement/Preliminary Life Care Plan

Break | 2:00pm – 2:10pm

Session II – Mastering Life Care Plans in Complex Injury Litigation: Strategies for depositions, mediation, and trial | 2:10pm – 3:10pm

  • Briefing: Why consider a life care plan in traumatic brain injury cases
  • The Development of Life Care Plans and the Role of Life Car Planners
  • Evaluating Services and Costs in Traumatic Brain Injury Cases
  • Understanding the Methodology Behind Life Care Plans
  • How a Life Care Plan Helps the Attorney
  • Handling Life Care Plans in Mediation
  • Strategies for Challenging or Defending Life Care Planners at Depositions or Trial

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Approved for Self-Study Credits
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Approved for Self-Study Credits
2 General

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