Picture a lifetime of medical bills, therapy sessions, and specialized care, all because of a preventable medical mistake. For some families, especially parents of children injured at birth, this is their reality.
The motivation for pursuing a medical malpractice lawsuit often isn’t about accountability. Rather, it is about securing future care costs, which entails the financial resources necessary to provide the long-term care that your loved ones deserve.
In this blog, we will explain the concept of future care costs, why they matter, and how proper legal representation by a birth trauma lawyer can help ensure you receive the compensation needed to protect your family’s future.
Understanding the Concept of Future Care Costs
Future care costs are estimated expenses that an injured person will face for the rest of their life due to the impact of the injury. These costs arise from situations such as medical malpractice, catastrophic accidents, and birth injuries like cerebral palsy, where the victim requires ongoing treatment, support, and care beyond the initial recovery period.
For example, a child injured during birth may need lifelong medical care, various therapies, and special equipment to assist with their daily living.
Similarly, adults who suffer from serious accidents or medical errors might face long-term costs, such as rehabilitation, nursing care, or lost income, due to their inability to return to work or perform tasks at maximum capacity.
Notably, Ontario’s Negligence Act supports compensation for these costs, ensuring that victims are not left to shoulder financial expenses on their own. In a lawsuit, these costs are calculated by health experts and legal specialists, such as a birth trauma lawyer, who anticipates the victim’s future needs, thus helping them receive a financial claim that covers expenses over the course of their lifetime.
What do future care costs include?
Below are some of the key components of future care costs:
- Healthcare expenses: This includes ongoing medical treatments such as surgeries, hospital stays, medications, and, in most cases, home nursing. In 2019, a study revealed that the cost of nursing services for home care in Ontario averaged between $45 and $80 per hour. With healthcare expenses on the rise, these rates have likely increased in 2024.
- Wage loss/earning capacity: If the injury prevents you from returning to work, you are eligible to be compensated for lost wages or reduced earning potential.
- Assistive devices and home modifications: Some injuries may require assistive devices like wheelchairs, prosthetics, or hearing aids. In extreme cases, homes may require modifications, such as the installments of ramps, widening doorways, or adapting bathrooms for accessibility. These costs can add up quickly, with even basic modifications costing tens of thousands of dollars.
- Therapies: Physical therapy, occupational therapy, and physiological support are often necessary to help injured persons maintain their quality of life. These therapies are usually ongoing and can be costly over time.
The Ontario Statutory Accident Benefit Schedule (SABS) outlines compensation guidelines for victims of these accidents, thus ensuring they receive financial support to cover expenses. However, proper legal representation, such as a birth trauma lawyer or medical malpractice expert, is always recommended to ensure future care costs are properly outlined and claimed.
The Importance of Future Care Plans
In Ontario, the need for comprehensive future care plans is reinforced by the rising cost of long-term care.
According to projections, future care costs in Canada are likely to triple by 2050, reaching over $70 billion. This dramatic increase pinpoints the critical need for detailed future care compensation that covers all the medical and personal needs of injured individuals.
While healthcare experts are responsible for drafting future care plans through thorough evaluation of victims’ medical conditions, treatment needed, and support, having legal representation is just as important.
How Medical Negligence Drives Future Care Costs
Medical negligence can significantly increase future care costs for patients, particularly in cases involving birth injuries, surgical errors, and delayed diagnoses. These types of negligence can result in long-term health issues that require ongoing medical attention and support.
For instance, a child who suffers from a brachial plexus injury during birth may face lifelong challenges, including physical therapy and (potentially) multiple surgeries to improve mobility.
Similarly, hypoxic-ischemic encephalopathy (HIE), a brain injury caused by lack of oxygen during delivery, can lead to severe developmental delays and require continuous specialized care throughout the child’s life.
The CMPA and Future Care Cost Claims
The Canadian Medical Protective Association (CMPA) is a non-profit organization that provides funding and legal support to Canadian healthcare workers. However, many physicians in Canada mistakenly believe they are adequately protected by the agency in cases of healthcare errors.
It is important to clarify that the CMPA is not an insurance provider, but rather assistance offered on a discretionary basis, meaning that support may be limited or denied altogether (see, for example, Shannon v. Canadian Medical Protective Association, 2016).
Why Birth Trauma Lawyers Are Critical to Secure Future Care Costs
Injured victims often face numerous challenges when seeking compensation for future care costs on their own. This is mainly because the legal space is daunting and usually entails a series of paperwork, strict deadlines, legal policies, and the burden of proving negligence, which solely lies on the victim.
Many may not understand the extent of their future care needs or how to effectively document and present these needs to insurance companies or in court.
Experienced malpractice legal representatives, like a birth trauma lawyer, play a major role in the success of claims. They possess the knowledge and expertise to scale through requirements of the law, and also ensure that all future care costs are evaluated and included in all settlements.
In the case of a hypoxic-ischemic encephalopathy (HIE) incident, a birth trauma lawyer can collaborate with life care partners and medical experts to create a comprehensive future care plan that accounts for all healthcare costs and associated expenses.
Even better, Canadian court precedents have shown the positive impact of legal representation. Cases such as Boyd et al. v. Edington et al. and Reibl v. Hughes illustrated how skilled attorneys, such as birth trauma lawyers, have successfully helped victims secure substantial compensation for future care costs.
We Understand Your Trauma, Let Us Be Your Advocates
It is essential for anyone affected by medical negligence to speak out and take legal action. By doing so, victims can hold healthcare providers accountable for their actions, ensure they receive compensation needed for their families, and promote safer practices in healthcare systems.
Expert attorneys, such as birth trauma lawyers, are best equipped to handle these sensitive lawsuits, as they know that the impact of medical negligence can be life-altering, and understand the emotional distress families go through.
As one of Ontario’s most trusted and recommended medical malpractice law firms, Sommers Roth & Elmaleh is dedicated to being your advocate. Our team of expert birth trauma lawyers has a proven track record of understanding each family’s unique situation and working diligently to secure fair compensation for future care needs.
You don’t have to face this challenge alone! Call us today at 1-844-414-0121, or contact us online to discuss your situation and fight for the compensation necessary to secure a better future.