Legal and Medical Resources to Empower Cerebral Palsy Families
1-800-CPFamily (273-2645)
Once a law firm has agreed to take your case, they will hire a Life Care Planner to help determine the amount of compensation the lawsuit will seek to care for your child. A law firm that specializes in birth injuries will have contacts with Life Care Planners, usually professionals with medical backgrounds and credentials, who specialize in special needs children.
The goal of a Life Care Plan is to specify the long-term medical, psychological, and rehabilitation needs of an individual throughout his/her lifetime. To do this, the Life Care Planner will interview you and obtain documents as to your financial situation. They will review medical records and may seek additional medical evaluations of your child’s condition. They will provide the law firm with a detailed report that describes and documents:
· Nature and extent of your child’s injuries
· Extent of care needed, including types of care and hours of care, from childhood through adulthood
· Previous and future medical expenses, including drugs, surgeries, therapy, supplies and equipment
· Other associated expenses, such as transportation, and costs related to adapting your home to accommodate a wheelchair or other equipment.
· Projected life expectancy for the child
· Expected rises in health care costs and other costs over the life of the child
This report is included in court documents as the basis for what your attorneys are seeking in compensation for your child. As part of the legal process, the defendant (the doctor or hospital, usually) will hire its own Life Care Planner to challenge the assumptions contained in the plaintiff’s report. The defendants may argue that your child is not as injured or will not require as much care as your Life Care Planner contends. Often a point of contention is how much daily care the parents should be expected to provide the child, especially as the child ages.
The law requires that money awarded to care for a special needs child goes into a Special Needs Trust with a court-approved administrator. The money is disbursed over the life of the child based on anticipated needs as outlined in the Life Care Plan.
Your lawyer may also seek compensation for your pain and suffering related to giving birth and caring for a child for the rest of the child’s life. Known as non-economic damages, this money is available to parents to spend however they wish.
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In October, I wrote several articles titled “Diary of a Crisis” about a medical emergency we experienced with our daughter, Danielle. Danielle has suffered from severe spastic quadriplegia cerebral palsy since birth. The past 18 months have been a constant struggle with medical professionals to get answers about our daughter's deteriorating health.
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Birthing classes and many books about pregnancy help parents-to-be prepare for the birth experience and some of their choices, especially when it comes to managing pain. However, few deal with potential complications, preferring to leave that scary ”what if” in the hands of doctors. However, my experience as a practicing obstetrician for more than 20 years is that it’s vitally important for parents to know what standards of care are and how to advocate for themselves and their child if these standards are not being met.
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My disabled child is 9 years old now. What is the statute of limitations for a cp case?
My son is 19 months with CP, and I was told by an attorney that its 8yrs old, for the child and the parent has only two years.