The Trial Lawyer Fall 2022 | Page 32

boost self-confidence and feelings of independence , indirectly improving a patient ’ s mental health status . 6
Physical and occupational therapy can help boost selfconfidence and feelings of independence . To regain some mobility after an SCI , physical therapy through consistent , task-specific repetition may help retrain brain , spinal cord , and muscles to work in sync again . Physical and occupational therapy may frustrate an SCI patient who feels like friends and family do not understand what they are going through . A highly recommended solution is a spinal cord injury support group to connect with people facing the same challenges . Attending these meetings will allow patients to express their concerns , learn from the experiences of others , discover helpful resources , while being there to listen will help others struggling with SCI by sharing the patient ’ s experience .
Regardless , professional attendant care will most likely mean numerous hours per day for the care of the aging SCI patients . Being near and conversing with the patient will provide input to other medical professionals and physical therapists who strive to improve the patient ’ s quality of life after the injury .
Most personal injury attorneys do not have the expertise to evaluate a proper life care plan . Instead , they are likely to look at the total cost of the life care plan and conclude that it is too costly to provide professional care over a long duration , perhaps the remaining life of the patient . However , as the SCI patient ages , there will be a greater need for more and more supervision
6 “ Quality of Life after Spinal Cord Injury : How to Improve It .” Flint Rehab , 15 Dec . 2021 , https :// www . flintrehab . com / qualityof-life-after-spinal-cord-injury /.
by professional attendant caregivers as referred above . As explained previously , the 24-hour duration on a daily and weekly basis will represent nearly two thirds of the total cost of any life care plan for most SCI patients . If the date of injury takes place at an advanced age , then the professional attendant care may represent nearly 90 percent of the total cost of the life care plan . Alternatively , if a SCI patient pursues a personal injury lawsuit with ample financial resources to pay for optimal care , the plaintiff attorney structures the claim to provide optimal professional care for the SCI patient , always resulting in 24 / 7 care in the last 5 to 10 years of life . However , as referenced above in the University of Alabama “ Spinal Cord Injury Calculator ,” the last 5 to 10 years may be accelerated far in advance of the average life expectancy of the patient .
In a court of law , how do the plaintiff and the defense attorney view this issue ?
The defense attorneys would like to disregard the last 5 to 10 years of the 24 / 7 care of the truncated life expectancy as measured by the University of Alabama “ Spinal Cord Injury Calculator ,” often resulting in a reduction of some $ 2 million or more in the total cost of the life care plan . On the other hand , the plaintiff attorneys seek to accelerate the need for 24 / 7 care for the last 5 to 10 years , minimizing the need to reduce the damages by $ 2 million .
This legal and ethical dilemma will continue to disrupt all SCI medical claims for damages until resolved by the highest level of the judiciary .
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