After the frustration, depression and anger goes away, many parents of children with birth injuries find themselves facing a never ending question:

How will I ever pay for the care my child requires?

The expenses related to the care of any child today can be daunting.  However, when it comes to the expenses related to the care of a child with a disability, such as cerebral palsy, the expenses for care are downright alarming.  In addition to regular doctor visits, many children with CP face a lifetime of future expenses related to:

• Specialized medical equipment
• Altered vans to accommodate wheelchairs
• Doctors visits
• Medication
• Specially designed homes
• Trained caregivers
• Specialized physical therapy

In the circumstances where a child's cerebral palsy can be traced to a medical error during the birthing process, the family may be entitled to recover the above expenses as part of the damages in a medical malpractice lawsuit.  In most medical malpractice lawsuits involving birth injuries, lawyers representing the child will retain experts in the fields of long-term medical needs and economics to help a jury in understanding what the needs may be.

A prime example of the future medical expenses for a disabled child

Speaking of significant expenses related to future care, a Connecticut jury recently awarded a boy suffering from cerebral palsy and his family $58 million in damages in a lawsuit against a doctor and hospital who were slow to perform a critical cesarean section procedure that resulted in extended oxygen deprivation.  Eight years later, the boy suffers from the episodes of seizures and impaired brain development.

While this record setting verdict is impressive for its shear magnitude, it is important to remember that much of the proceeds will be held in a trust for the boy to provide the necessary care for him over the course of his life. 

As a medical malpractice lawyer, I frequently use expert witnesses such as a life-care planner and economist to help a jury get an accurate grasp of the types of needs my clients are likely to require for the rest of their lives. 

The life-care planners that I use are board-certified doctors who have received specialized medical training regarding the vaious needs of disabled and injured people.  Life care planners  can calculate the future needs of my clients for all aspects of their lives including: medical needs, recreation, specialized medical equipment and the physical accommodations that may be necessary for their homes or vehicles.

Once a care-plan has been created, an economist can use the report to calculate both the lifetime costs associated with the care plan as well as the present cash value of the expenses.  When calculating the present cash value, economists will look at the historical rates of return on conservative investments (such as Treasury Bonds), to determine the amount needed to invest today to provide for the needs of the individual over the course of his or her life.

Certianly, given the important role experts play in the litigation process, I think it is always a good idea to get experts involved in the early stages of the case so they can become familiar with both the individual as well as the opinions of treating doctors.

Related:

Breakdown In Communications To Blame For Birth Delivery Complications In Mom And Baby

Delay In Performing C-Section Results In Baby's Brain Damage & Costs Doctor $3 Million

Lifetime Financial Benefits for Cerebral Palsy

The Needs Of Children With Cerebral Palsy Need Special Consideration For Their Optimal Functioning

Financial and Time Costs to Parents of Severely Disabled Children (PDF) By BARBARA LEONARD, RN, PhD;

JANNY DWYER BRUST, MPH; JAMES J. SAPIENZA, MA, MHA, MBA

Jury Awards $58 Million In Malpractice Suit, NBC Connecticut

Cerebral Palsy Support Groups