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Effectively Proving Damages in a Malpractice or Personal Injury Case

Posted Sep 20 2010 12:00am

Driven by the expense of health care and the media coverage of the dollar amounts of medical malpractice insurance paid by physicians and other health care practitioners, the environment for individuals who have legitimate cases is getting tougher.  This combined with highly publicized cases that paint the picture of plaintiffs as “con artists” can mean that patients who are fully within their rights to receive damages that will cover their costs of living as functional a life as possible, increasingly may not be awarded.

These facts make consultation with a Nurse Life Care Planner more important than ever when filing a suit for medical malpractice.  Below is an excerpt from “ Kelly on Malpractice ” which drives this point home:

The medical records of your client are always a potential great source for documented pain and suffering, both mental and physical. Another example is when the defendant calls a Life Care Planner to defend against your damages. These professionals are very ripe for demonstrating the significance of your client’s injuries. These professionals have seen first-hand the devastation caused by catastrophic injuries such as those experienced by your client. Rather than focusing on refuting their testimony minimizing the cost of your client’s future care, use them to educate the jury about the lifelong hardships your client must endure daily. Have them acknowledge and agree that catastrophic injuries have a major impact on the entire family and not just on the one that has been physically injured.

This is not meant to indicate that anyone who files suit is entitled to damages, but for those cases that truly have merit, the NLCP’s testimony can be a major tool for the client to get what he/she realistically deserves.

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