02/19/2013 // Concord, CA, USA // LifeCare123 // Greg A. Vigna M.D., J.D. // (press release)
Dr. Greg Vigna, Certified Life Care Planner, specialist in Physical Medicine and Rehabilitation, and practicing attorney offers his perspective.
There is a common question that is asked when a person has been injured by the negligence of another: Are you going to sue? Attorneys are taught in law school to tell a prospective client, “You have the right to be compensated for the injuries caused by the negligence of another”. As a physician, lawyer, and a certified life care planner I believe that statement in today’s society does not hit the mark. No one wants to go through a lawsuit and people understand the concept that accidents do happen. Clearly, cases of overt reckless behavior such as a drunk driver or injuries caused by intentional acts of another deserve payback. Sadly, when someone suffers an injury due to the negligence (carelessness) of another, the only correct answer to the question in my opinion is, “I have no choice but to sue”.
There are simply too many long-term costs that can and can’t be anticipated that may or may not be covered by future medical insurance. For example, a child who suffers an eye injury because of the carelessness (negligence) of another may have current medical coverage for the care necessary including all costs for corrective and protective eye wear. Unfortunately, what happens if that family loses their health insurance? Those costs can financially destroy an average family. If the injuries continue to live with the child, it will ultimately become the responsibility of the child when he or she becomes an adult. Future costs include surgeries and other future care not originally contemplated will not be covered. Additionally, lost days at work for medical follow-up will not be considered. The direct and indirect costs associated with future care add up. I recently moved my family to California after being on my wife’s insurance thru her employer. As a self employed attorney, physician, and a life care planner, with various streams of income, I cannot obtain health insurance for my family in California after we moved, regardless of the cost, due to the medical costs related to some prior bad luck. I’m on a cobra plan waiting with scared and squinty eyes, not knowing how I will be able to get coverage for my family in the future.
The economic consequences of a traumatic brain injury, a spinal cord injury, amputation, and associated pain conditions such as reflex sympathetic dystrophy will more often than not ultimately lead to the financial collapse of the injured or to an injured child’s family. The ultimate question in this situation is who caused the injury? Is it a deep pocket that can fully compensate a patient or just an individual with minimal liability coverage? Either you will get the care from a adequately prepared Life Care Plan which will account for future medical cost, equipment, transportation, vocational training expenses, aid and attendant care, psychologic therapy, and home renovation to provide all necessary care required because of your injury or you will be medically destitute.
Every time I meet someone catastrophically injured, I want to know if it was caused by someone like an employee of UPS, or the average Joe driving a Ford Escort. I am always hoping for the UPS defendant, because I think medical care on the public dime will be woefully inadequate. If you have a significant injury that will need future care, a lawsuit is inevitable, and to be properly prepared, a life care plan will be an absolute requirement.
Media Information:
Address: 1401 Willow Pass Road, Concord, CA 94520
Phone: 8889909410
Url: Lifecare Solutions Group
