Qualifications to Prepare Life Care Plans

Can just anyone prepare a life care plan?  No.

In Martinez v. Glassman the district court excluded a life care plan offered by Plaintiff’s medical expert, Dr. Tappan.[1]  Why?  “Dr. Tappan admitted that he has no practical experience in any capacity with life care plans. Instead, Dr. Tappan’s sole experience with life care plans stems from his review of these plans as an expert witness in the context of litigation.” 

The ruling was affirmed, citing Borger v. Dist. Ct.’s ruling that prohibited testimony based upon knowledge solely obtained for the purpose of the litigation under medical malpractice affidavit requirements.[2] This ruling arose from a relatively regular occurrence.  A party will offer an expert witness to discuss a life care plan, but who only ever considers life care plans in the context of litigation.


[1] No. 57535, 2012 Nev. Unpub. LEXIS 1480 (Oct. 31, 2012).

[2] 120 Nev. 1021, 1028, 102 P.3d 600, 605 (2004).