How life care plans help with the costs of a cerebral palsy diagnosis. One of the main concerns of families who contact my office following a baby’s brain injury at birth is how can a birth injury attorney assist with the costs of treatment and future care, especially for a cerebral palsy diagnosis. Unfortunately, this is a reality for some families following this situation. If you are reading this article, and watching the supporting video with the same questions, know that you are not alone in this process.
In this birth injury article, I will touch on not only how we prove birth injury cases (that the doctor and or hospital caused the injury), but how attorneys help figure out how much money will be needed to give your baby the best life possible.
HOW TO PROVE THE DOCTOR’S CAUSED YOUR BABY’S BIRTH INJURY…
The area of Maryland law which covers birth injury cases is called tort law. Negligence is covered under tort law and has four basic elements required to prove your case. Those elements are:
- DUTY
- BREACH OF DUTY
- CAUSATION
- DAMAGES
Maryland law also requires that in medical malpractice cases, the umbrella which covers birth injury cases, the plaintiff (the person bringing the case) must prove that the treating doctor fell below the standard of care owed to the patient, causing the injury. Attorneys who represent families in these types of cases will prove these steps using medical experts. Pro tip, if you are thinking about hiring a birth injury attorney, be sure to understand who pays for these experts. Will the attorneys/law firm do it or will you have to pay for them immediately out of your own pocket?
If you cannot provide the court with the necessary medical experts for your case, then you will not be successful. This is important for you to understand. The use of medical experts ensures that the case that is being filed has merit and can be supported by medical opinions.
HOW LIFE CARE PLANS HELP WITH THE COSTS OF A CEREBRAL PALSY DIAGNOSIS?
The question as to how life care plans help with the costs of a cerebral palsy diagnosis is one of concern for many families. This issue is covered in the fourth element that I mentioned above. The damages bullet point is where this analysis belongs.
A life care plan is a tool that is used by birth injury attorneys to help get an idea as to the things a baby will need to live the best life possible. The plan is put together by an expert who understands disability and job placement matters. Within the plan, things like housing, wheelchairs (motorized vs. non-motorized), diapers, wipes, certain therapies, etc.… will be covered. To get this information, the life care planning expert will review the medial records and more than likely meet with the family for a day in the life meeting. This meeting will allow the life care planner to get a feel as to the challenges the baby and the family face.
Once the life care plan is put into report form, an economist will look at the costs that are provided in the plan and map out the costs over the baby’s life. So, for example, a wheelchair has a certain mechanical lifespan. The economist will help place a value on that chair as time moves forward into the future.
DO YOU HAVE MORE QUESTIONS REGARDING YOUR CHILD’S BIRTH INJURY?
Hopefully now you can see how life care plans help with the costs of a cerebral palsy diagnosis. If you have more questions about not only this issue, but whether the cause of your baby’s brain injury was due to the doctor and/or the hospital, you can call me, and we can chat.
I can be reached at 301-850-4832. I listen to families all the time tell me when their baby has a brain injury and I would be happy to talk with you too.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
