One of the goals of a medical malpractice case for a disabled child is to make sure she is getting all available benefits and resources and that she has enough money to be taken care of in the future, especially after her parents are gone or can no longer physically care for her.
One of the ways we protect a disabled child's settlement proceeds is by establishing a special needs trust. This trust allows the child to continue to receive social security disability benefits and Medicaid, allowing the settlement proceeds to continue to grow and to be used for the child's best interest and enrichment. The trust can pay for things that Medicaid won't pay for, like a wheelchair accessible van or home modifications, additional nursing care or a house so the child can live comfortably with her parents and family.
Once the person dies, the trust will repay Medicaid for what it has spent over the years, and the remaiining amount goes to the person's heirs, just like any other asset.
Unfortunately, some parents think a medical malpractice case for their child with a severe disability will end any other benefits or resources available to the disabled child.
In fact, its just the opposite - a successful malpractice case can expand the child's resources, increase her quality of life, cause less stress and anxiety for her parents and ensure there are resources available to take care of the child for the rest of her life.
If you are the parent of a child with cerebral palsy or other special needs, call us to order one of our free guides on resources in the D.C. area.
And if you have questions about whether your child's condition was caused by a hospital or medical mistake, just call us for a free, confidential assessment. We schedule time every week just to talk to people, so call us at (202) 393-3320 to see if we can help you and your family.