United Brachial Plexus Network, Inc.

Today our attorney said that medical expenses aren't usually reimbursed to parents by jury's. Is this accurate? Something just seems wrong about this and is starting to concern me about our representation. Maybe I just don't understand how all this stuff usually works. If this is the case then why has our attorney told us to save all our receipts??? We have spent a lot of money to obtain care for our child. How did this work in your suit?

Also, the cap that some states have and the 250,000 that they are trying to pass, what does that cover? Everything? Or just pain and suffereing? And are expenses reimbursed IN ADDITION to or not?

Thank you for any help.

Guest,
it's my understanding that there are two components to a malpractice suit. One for economic damages and one for emotional damages.
The current cap craziness only pertains to the emotional damages (at least at this time!!!). California implemented a crap (oops! cap) of $250,000 back in 1975 (I believe). They did so to stem the rise of malpractice insurance so docs (even bad ones!) wouldn't get forced out of work. It was viewed by many as a highly successful tactic. Of course, there were no cost of living adjustments etc., so their cap is still $250,000. If you adjusted that number in today's terms, you would be talking about 1 million. But everyone's fixated on 250K.
I believe some other states (PA, MO?) also now have a cap. Recently, in Kentucky (again I'm not positive) the cap proposal was shot down. If you have an opportunity to speak out against the cap do so vigorously. Unless of course you're the son or daughter of a rich congress man or woman whose mother/father was a doctor! The 250K cap proposal was recently approved by the U.S. House of Reps and just needs senate approval to get passed. Bush (since he started it) will certainly approved it if it gets to his desk. The call it a crisis of having "access" to medical care.
Let talk economic damages. They're really unlimited and limited at the same time. An assessment will be done as to the extent of lost earnings and medical bills that have been or will be incurred due to the injury.
As far as medical bills go, the insurance companies hand is in your pocket right now!!!! They may be paying for some treatments and surgeries now, but when/if you win a judgement, they will need to be reimbursed for the medical bill portion of your economic losses. See that, sometimes the insurance company IS on your side!!!
Lost wages are another matter. How smart or dumb are you? Based on your physical and mental traits, what is your child likely to become. If you dropped out of kindergarten, your child will probably not be a rocket scientist. But wait, he/she can still be a rocket scientist with an injured arm!!! Maybe, he/she would become a surgeon, but let's be realistic!! If you're a hard laborer (waitress, construction, etc.) then your kid would most likely be one too! In any event, I think they take into consideration that these injured kids will probably need a good college education and take a desk job somewhere. I think it's all calculated in the assessment. For my some (case still open), it was determined that there is something like 46,000 possible jobs in our state and that he may perform (something like half or less) of them. So he can't carry a vat of nuclear waste. That's probably a good thing!
On the emotional side, the cap just plain sucks! How can you place a value on being able to (someday) hold your new born child in your arms. Or lift your young child up to the top of the Christmas tree to put on the angel. How can you quantify the endless questions and stares from strangers looking at your shorter and less aligned arm. How did you quantify the teasing from other kids and the risk of further injuries if your child is pushed down and can't protect themselves when they fall. How do you quantify a lifetime of difficulties and compensations. How do you equate this injury to an infection someone gets (because of bad medical practices) that makes them stay an extra week or two in the hospital (and they get awarded the same $250,00).
One thing I'm not quite sure about is whether the $250K proposal is per incident or per lawsuit. Typically, there will be a lawsuit for the mother and one for the child.
I'm not sure if the mother has an economic portion in her suit. I can tell you from experience, my wife has stopped working as a direct result of my son's injury. She takes him to therapy 3 times a week and need to constantly do exercises. Not only that but she's driving all around to these appointments. We have to occasionally travel to New York and have already been to Miami once for surgery.
On the emotional side, the most memorable moments are the bad ones. Like never seeing him crawl. Seeing him with a black front tooth because he tripped and couldn't brace his fall. Seeing a big knot on his forehead when he hot the sidewalk when he was just learning to walk. Seeing him go through an MRI, Nerve Conduction Study and finally being wheeled away for surgery. There are many, many more emotional memories like these. Of course, BPI children are all special in their own way and there are many good memories. Small gains are huge accomplishments, but in the end they are really only small gains. If it wasn't for some errors in judgement the quality of all of our lives would be greatly improved.
As for me, I don't count. A lawsuit was filed on my behalf, but in my state (typically) the father can't sue. I've taken off medical days (as vacation days) for the NY trips, dealt with all kinds of medical bills, and help my wife try to keep our 7 1/2 year-old daughter in balance because it's disrupted her world as well.
I guess I vented enough -- sorry, but I feel better now and I hope I gave you some insight on some of the more negative/realistic things.
On a positive note, they're our children, their gifts from God, in some cases we're very fortunate that they have made it as far as they did. This injury may even make them stronger and more successful adults that they would have otherwise been. There's a lot of road to chew up between now and then,

Bob (father to Alex L-OBPI)

Bob,

Thank you very, very much for sharing so much info. and also your experiences. I truly appreciated it.

Wondering if anyone happens to know about the 250,000 limit. Like Bob mentioned, is that PER INCIDENT or PER CLAIM (like 250 max for mom, AND 250 max for child)?

I'm not sure about the 250K cap on injury vs incident but FYI my understanding is that in California, the mom has a 1 year statue of limitations to file a lawsuit and the child only 8 years. We blew moms claim (waited too long) and filed for our daughter at the end of her 7th year to get a better idea of the long term damage.

Joshua