California Birth Injury Lawsuits: Creating A Life Care Plan

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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California life care plans are detailed reports in which lawyers analyze daily, weekly, monthly and yearly needs of a patient over their entire lifetime. They are created using a variety of medical experts whose opinions are based on physical exams and medical records of the injured child. It can be a complicated process, but birth injury and medical malpractice attorneys say that it’s a process that’s critical to provide for the child’s future.

CA Attorney J. Niley Dorit

J. Niley Dorit, a California attorney whose practice represents birth injury victims, explained how the life care plan process works:

We hire experts who are highly-qualified and credentialed and experienced in managing catastrophically injured people and they help prepare life care plans. They’re often nurses that have certifications in life care planning and doctors who specialize in rehabilitation. They will look at all of the patients/baby’s records, all of the information about what that child’s needs are going to be above and beyond what a non-injured child would need for the rest of his or her life. They actually do a day-by-day, month-by-month, year-by-year, very detailed projection of costs of everything from putting in a ramp to get access to a house rather than a step, all the way up to the future cost of hospitalizations, future surgeries, special vans, and the cost of rehabilitation.

They prepare those plans in conjunction with a physician who’s a specialist, usually in pediatric rehabilitation. Generally the life care plan is the product of at least two people and their opinions are based on a physical exam, an evaluation of the child, plus a review of all of the pertinent medical records, including neurology reports, to see what the child’s limitations and needs actually are. Those people then testify as experts as to what are the fair and reasonable costs of care for the balance of the child’s life.

If you’ve been injured due to a hospital or HMO’s negligence, contact an experienced California birth injury attorney to discuss your situation and evaluate your options. You may be entitled to compensation.

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