You can sue for future medical expenses and long-term care, along with your other expenses and losses in an umbilical cord birth injury case. Your attorney will work to gather evidence and put a value on your child’s future treatment and ongoing care costs.
Future medical expenses and long-term care are economic damages, even though there is no way to know exactly how much your child’s care will cost. This means they are not limited by any caps on the recovery of non-economic damages. This is important since almost half of the states have caps on pain and suffering damages, according to the Center for Justice and Democracy.
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Your Family May Need Financial Support for Your Child’s Ongoing and Future Needs
In some cases, umbilical cord injuries lead to complications and medical concerns that can be quickly addressed and managed. However, many babies who sustain umbilical cord injuries suffer significant damage to their brains and other organs, leaving them with lifelong challenges and requiring long-term care.
Seeking and recovering compensation for future care expenses is especially important for families when their baby:
- Will need lifelong monitoring and medication for their condition
- Needs intensive therapy, treatment, and support for years to come
- May require treatment for several years beyond the conclusion of the case
- May require long-term care such as in-home support, respite care, or placement in a long-term care facility
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Many Conditions Related to Umbilical Cord Birth Injuries Are Expensive to Manage
The ability to sue for future medical expenses and long-term care is essential because providing the treatment and support your child needs will likely be very expensive if they have a permanent disability or lifelong medical condition.
Without recovering compensation for your child’s future medical expenses and ongoing care, you could struggle to pay for their needs. When considering medical management of their diagnosis alone, it could cost thousands of dollars a year.
According to the American Journal of Managed Care, the average cost per person managing epilepsy in 2014 was $15,414. For cerebral palsy, the Journal of Managed Care & Specialty Pharmacy reports that in 2014 Medicaid paid out an average of:
- $10,368 per ambulatory child
- $43,687 per non-ambulatory child
Many children with one or both of these conditions also have additional co-occurring conditions. These may include vision loss, hearing loss, cognitive disabilities, and more.
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Proving Your Child’s Future Medical Expenses and Care Costs
Your attorney will take steps to determine your child’s likely future medical and support needs and put an accurate price on those services. They will have resources to determine how much it may cost you per year to provide care for your child based on their diagnosis and prognosis.
Medical experts may testify about your child’s:
- Treatment plan
- Possible complications
- Likely care and support needs
- Long-term prognosis
- Medical care costs
Children who are severely affected and require ongoing care will likely qualify for more financial recovery than those who can live independently. However, it depends on the unique facts of the case.
You may also be able to recover other future expenses and losses, such as the replacement of wheelchairs, hearing aids, and other tools.
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Building a Case for Compensation Based on Your Child’s Birth Injury
Your lawyer will take steps to build a strong case that proves medical negligence and holds the doctor or hospital responsible for your child’s umbilical cord birth injuries. They will work with medical experts who will not only confirm negligence occurred, but help you understand your child’s prognosis and future care needs.
Negotiating with the insurer for the doctor or hospital, your attorney will seek a payout on your behalf that may include:
- Current medical expenses
- The time you missed at work caring for your child
- Additional expenses your family endured
- Your child’s pain and suffering damages
- Future medical expenses and long-term care
Your legal team will represent you based on a contingency fee. Your family will not have to pay anything out of pocket for your attorney. Instead, the attorney will collect their fee from the compensation they recover in your case.
Speak to Someone Today to Get Help with Your Case
The Birth Injury Lawyers Group will evaluate your child’s umbilical cord birth injury case today. We can help you assess the strength of your potential claim and determine your options for holding the negligent parties responsible for your child’s injuries.
Call (800) 222-9529 to get help today.
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