How does an HIE baby spend their money if they get a medical malpractice recovery? To broaden the question some, I will discuss how families deal with payouts when there is a birth injury recovery.
With the above stated, please remember that today’s discussion is general in nature. Each state may have varying rules for these specific issues.
How Does An HIE Baby Spend Their Money?
Let us first step back and look at this issue from a negligence standpoint. When a person is injured, and negligence is the cause of the injury, then that person might have a claim under negligence, which is covered by Tort law.
Parents can make all claims stemming from injuries from the birth which are allowed under state law. If the parents recover money from their claims the money can go to them.
The baby on the other hand can have different rules. In many states when the HIE baby recovers money due to medical malpractice, a special needs trust must be set up. The purpose of the trust is to protect the child’s funds deep into the future. A trustee will be appointed and in many states court approval may be needed to spend the money. Again, this is done to protect the child’s funds.
To speak with me further about your baby’s HIE brain injury at birth give me a call at my contact info below. There is no money cost to talk with me about your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
