Part of medical malpractice law addresses the mistakes that doctors make while delivering children. Unfortunately, some birth injuries result in lifelong disabilities, sometimes severe ones that require specialized and costly resources. If you successfully file a claim, you will hopefully receive a significant settlement that will cover these costs—but without preparation, the settlement can disqualify you from utilizing Medicaid and other government provisions.
That’s the role of a special needs trust. It sets aside your settlement into a fund intended solely for education, transportation, assisted living care, in-home nurses—all of the needs that Medicaid does not cover. As a result, you and your child will still qualify for government-provided health benefits. The fund will cover everything the settlement or verdict was awarded to recover, while still allowing your family the benefits you would have received without a suit.
With decades of experience handling claims, Hampton & King provides victims of medical negligence seasoned representation. We not only know how to maximize a patient’s chances of recovering compensation, but know how to help families prepare themselves for long-term treatment and caretaking. We understand the pain your case has caused you—we want to do everything we can to make your transition into a new life as smooth as possible.
Birth injuries are among the most tragic types of cases we represent. When a doctor’s preventable mistake injures a newborn child during delivery, a time of celebration turns into tragedy and confusion. However, it does not have to be that way. Our attorneys fight to provide patients with the resources they need to provide their children with physical therapy, long-term care, medical treatment, and educational resources.
For guidance regarding special needs trusts or a medical malpractice claim, contact our attorneys.