Lifetime Financial Benefits
As a parent or caregiver, the lifetime costs of caring for a child with cerebral palsy can be daunting. The Centers for Disease Control and Prevention has estimated the lifetime costs for one person with cerebral palsy to be around $1 million. Common expenses include doctor’s visits, medical devices, medications, surgeries, live-in care, and lost income. It may be possible to offset the costs of cerebral palsy with Lifetime Benefits. This is a legal solution that may be available in cerebral palsy cases involving medical malpractice.What is Lifetime Financial Benefits?
Cerebral palsy is a serious and permanent medical condition. A cerebral palsy diagnosis will change you and your child’s lives forever. The law recognizes the significant financial strain a lifelong condition can put on caregivers. Therefore, if someone else’s negligence caused the cerebral palsy, the law gives parents and guardians an outlet for potential financial recovery. In other words, it may be possible to hold someone liable – or legally and financially responsible – for your child’s birth injury.
Lifetime Financial Benefits refers to financial compensation to reimburse someone for the costs associated with cerebral palsy (or another type of birth injury). Lifetime Benefits is a financial agreement that will directly benefit a child with cerebral palsy due to medical negligence. If a child qualifies for Lifetime Benefits, either through a settlement or court order, he or she will receive money for the present and future costs of his or her disorder.
A Lifetime Benefits compensation package can include amounts allotted for treatments, therapies, medical care, medications, mobility aids, home care assistance, housing, education, vehicle and home modifications, surgeries, and more. A Lifetime Benefits agreement can include enough compensation to pay for virtually all lifetime costs relating to cerebral palsy. It will be the responsibility of the negligent physician, hospital, birthing center, or other party to pay out a Lifetime Benefits agreement.Qualifying for Lifetime Benefits
Unfortunately, not every child with cerebral palsy will have the right to seek Lifetime Financial Benefits through the civil court system. Only children with cerebral palsy from medical malpractice can qualify to receive this type of compensation. Medical malpractice refers to a breach of duty within the medical system, either from the establishment or one of its staff members or contractors, that injures a patient. To receive Lifetime Benefits, an injured party (plaintiff) or his/her attorney will need to prove the following elements:
- The defendant owed a duty of care. A physician-patient relationship must have existed at the time of the alleged malpractice. All medical practitioners owe their patients strict duties of care during pregnancy and delivery.
- The defendant breached a duty of care. Malpractice, or medical negligence, refers to a breach of duty on the part of the hospital or a physician. Breaches of duty can be any action or inaction another reasonable party would not have committed.
- The defendant’s breach caused the birth injury. A lawyer must show a direct causal link between the defendant’s malpractice and the plaintiff’s child’s birth injury.
- The plaintiff suffered real damages as a result. The malpractice must have caused the plaintiff real, compensable damages. Cerebral palsy counts as a compensable damage, as do its related medical costs and lost earnings.
Hiring a lawyer can help parents obtain Lifetime Benefits and other types of compensation for a birth injury and cerebral palsy. Successful claims could result in compensation for lifetime medical costs, lost income, disability costs, and non-economic damages such as physical pain and emotional suffering. The total amount awarded is unique to the child and family’s individual circumstances.Examples of Medical Malpractice
The key to obtaining Lifetime Financial Benefits for a child with cerebral palsy is proving someone else’s negligence caused the brain injury. Medical malpractice can cause cerebral palsy in numerous ways, during any stage of pregnancy or birth. Many different things could qualify as medical malpractice, but the following are some of the most common examples in cerebral palsy cases:
- Failure to diagnose or treat a maternal infection, such as herpes or rubella
- Medication errors, such as prescribing medications that could be dangerous for the mother or child
- Medical care that does not meet the required standards
- Failure to monitor infant heart rate and vital signs during labor and delivery
- Lack of emergency preparedness during birth complications
- Failure to order an emergency cesarean section
- Improper reaction to complications such as umbilical cord prolapse or placenta previa
- Negligent use of birth-assisting tools, causing a traumatic brain injury
- Poor medical care after birth, such as failure to diagnose or treat jaundice
Dozens of examples of medical negligence could result in a child with cerebral palsy. If you believe a hospital or physician is guilty of an oversight, mistake, or act of recklessness that caused your child’s birth injury, contact an attorney as soon as possible to discuss a potential claim for Lifetime Financial Benefits.Sources
- Category: Lifetime Financial Benefits
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- How long does my child have to file a medical malpractice lawsuit for their cerebral palsy?
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