What Is a Life Care Plan?
A life care plan is a comprehensive document prepared by medical and rehabilitation experts that outlines all future medical, therapeutic, and support needs for a birth injury victim. This plan serves as the foundation for calculating damages in birth injury lawsuits and ensures families receive compensation that truly covers their child’s lifetime needs.
Under Illinois law, damages in medical malpractice cases must reasonably compensate victims for all past and future expenses caused by the negligence. The Illinois Supreme Court has consistently upheld substantial life care plan awards when supported by expert testimony.
Components of a Birth Injury Life Care Plan
Medical Care Costs
- Physician specialists: Neurologists, orthopedists, physiatrists, ophthalmologists
- Hospitalizations: Planned surgeries, emergency admissions, monitoring
- Medications: Anti-seizure drugs, muscle relaxants, pain management
- Diagnostic testing: MRIs, EEGs, blood work, imaging studies
- Surgical interventions: Orthopedic corrections, feeding tube placement, baclofen pumps
Therapy and Rehabilitation
- Physical therapy: 2-5 sessions per week, often lifelong
- Occupational therapy: Daily living skills, fine motor development
- Speech therapy: Communication, swallowing difficulties
- Aquatic therapy: Low-impact muscle strengthening
- Hippotherapy: Horseback riding therapy for motor skills
Durable Medical Equipment
- Wheelchairs: Manual and power chairs, replaced every 3-5 years ($5,000-$50,000+)
- Orthotics and braces: AFOs, KAFOs, replaced as child grows
- Hospital beds: Adjustable beds with pressure-relieving mattresses
- Communication devices: AAC devices, eye-gaze systems ($8,000-$15,000)
- Adaptive equipment: Standers, gait trainers, bath equipment
Home Modifications
Many birth injury victims require significant home modifications:
- Wheelchair ramps and widened doorways: $5,000-$20,000
- Accessible bathrooms with roll-in showers: $15,000-$40,000
- Ceiling lifts and transfer systems: $10,000-$25,000
- Vehicle modifications (wheelchair vans): $40,000-$80,000
- Home automation for independence: $10,000-$30,000
Attendant Care and Nursing
This is often the largest component of a life care plan. Depending on the severity of the injury:
- 24-hour skilled nursing: $200,000-$400,000+ per year
- Licensed practical nurse care: $150,000-$250,000 per year
- Home health aide: $50,000-$100,000 per year
- Respite care: Relief for family caregivers
Lifetime Cost Estimates by Condition
Cerebral Palsy
The CDC estimates that lifetime costs for a person with cerebral palsy average $1.1 million in direct medical costs alone. When including lost productivity, indirect costs, and full-time care needs, estimates reach $3.5 to $5 million or more for severe cases.
Hypoxic-Ischemic Encephalopathy (HIE)
Children with moderate to severe HIE often require:
- Lifetime care costs: $2-4 million
- Annual medical expenses: $50,000-$150,000
- Annual attendant care: $100,000-$400,000
Erb’s Palsy (Brachial Plexus Injury)
While some cases resolve, severe Erb’s palsy requiring surgery may cost:
- Initial surgeries: $50,000-$200,000
- Ongoing therapy: $10,000-$30,000 annually
- Lifetime costs: $500,000-$1.5 million
Illinois Law on Future Damages
Illinois allows recovery for future medical expenses when they are reasonably certain to occur. Under 735 ILCS 5/2-1205, future damages exceeding $150,000 may be paid periodically rather than in a lump sum, though parties often negotiate structured settlements that provide better long-term security.
Importantly, Illinois does not cap economic damages in medical malpractice cases. The Illinois Supreme Court struck down such caps in Lebron v. Gottlieb Memorial Hospital (2010), meaning families can recover the full cost of lifetime care without arbitrary limits.
The Role of Life Care Planning Experts
A qualified life care planner—typically a registered nurse or rehabilitation counselor with specialized certification—works with treating physicians to develop the plan. Key qualifications include:
- Certified Life Care Planner (CLCP) credential
- Experience with pediatric disabilities
- Understanding of medical economics
- Familiarity with local care costs in Illinois
Defense attorneys will often hire their own experts to challenge the plan, making it essential that your life care planner can withstand rigorous cross-examination.
Economist Testimony: Calculating Present Value
Because damages are awarded as a lump sum (or structured settlement), an economist must calculate the present value of future costs. This involves:
- Projecting costs over the child’s life expectancy
- Accounting for medical inflation (historically 5-7% annually)
- Applying appropriate discount rates
- Considering wage growth for attendant care costs
Protecting Your Child’s Settlement
Illinois courts closely scrutinize settlements involving minors under 735 ILCS 5/2-1301. Common protective structures include:
- Special Needs Trusts: Preserve eligibility for Medicaid and SSI
- Structured Settlements: Tax-free periodic payments
- Guardian Ad Litem Review: Independent evaluation of settlement fairness
- Court Approval: Required for all minor settlements in Illinois
Why Accurate Life Care Planning Matters
An inadequate life care plan can leave families financially devastated years after a settlement. Consider:
- A child with cerebral palsy may live 60+ years
- Medical costs inflate faster than general inflation
- Care needs often increase with age
- New medical technologies may offer treatments unavailable today
Experienced birth injury attorneys work with top life care planners to ensure no future need is overlooked.
Contact a Chicago Birth Injury Attorney
If your child suffered a birth injury due to medical negligence, understanding the true lifetime costs is essential to securing fair compensation. Our Chicago birth injury lawyers work with certified life care planners, medical experts, and economists to build comprehensive damage claims.
Contact Phillips Law Offices today for a free consultation. We’ll help you understand your child’s future needs and fight for the compensation your family deserves.
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