The mother of an HIEHIE baby asked us, “What happens to my baby when I’m gone?” This can be an uncomfortable question for some, but for parents who have a child with a traumatic brain injury like HIE, it is an important issue.
At some level, many parents might have this question in the back of their minds, but the question takes on an added element of concern sometimes if the child has a disability.
“What Happens With My Baby When I’m Gone?”
The question of what happens with my baby when I’m gone generally revolves around how will the baby, who is probably an adult at the time, be able to survive, especially if their traumatic brain injury is severe. As birth injury attorneys, we have to take these types of things into consideration when putting a claim together for a family.
One way we work to look after the long term needs of an HIE baby is to place the money that is recovered in what is called a special needs trust. Each state might handle this issue in a different way, but in a state like Maryland, special needs trusts are extremely helpful. Without crossing too far over into the area of trusts and estates law, a special needs trust can be created for the benefit of the child. A trustee will be put on place to approve funds needed for the benefit of the child.
Secondly, a life care plan can be used to project out the needs of the child for the remainder of their life. Certified life care planners are experts who help analyze the needs of the child based on the severity and impact of the disability.
Both of these tools mentioned above help answer the question of what happens with my baby when I’m gone. Although this can be a difficult discussion to have, it is one that is needed when planning for the future of a child with a traumatic brain injury like HIE.
To speak with me further about these issues and whether the doctors and nurses were the cause of your baby’s HIE injury I invite you to reach out to me at my contact information below.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP