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

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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
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