So I was speaking to an attorney yesterday regarding a Life Care Plan that I authored and was submitted to the PM & R for review. Because this physician has been getting slammed on cross exam recently on some of the things he "approves" of, he has become more conservative.
The attorney noted that she realizes we as life care planners look to "quality of life" but in the legal arena, they have to show the jury the "medical necessity" of that need. As an example, for a recent plan, I was asked to remove several recreational items from my plan, including things like accommodated hunting, wheelchair for outdoor activities, etc.
Now, this is the ONLY attorney I have come acres that does not believe we should include recreational/avocational items in the LCP, because they are not "medical necessity."
I am curious what your thoughts are and if you are running into this as well. Are you taking these items out? Are you finding that juries are becoming more conservative in what they want to provide and support in the LCP?
Thanks.
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Michele J. Albers, MS, CRC, LPC, CLCP
Vocational Consultant/Life Care Planner
Vocational Diagnostics, Inc.
P.O. Box 748
Sun Prairie, WI 53590
(608) 846-9530 (P)
(888) 667-9860 (F)
michelea@vocationaldiagnostics.com mjalbers@charter.net www.vocationaldiagnostics.com -------------------------------------------