title: No-fault compensation for ventilator-dependent children: a reasonable settlement value for lifetime attendant care.
abstract: Severe neurological outcomes sustained in childhood often result in lifetime health care needs that are beyond the financial means of most families. When severe neurological deficits are alleged to have resulted from professional negligence, relief may be sought through litigation; however, the American tort system often yields inconsistent results or no compensation for patients. We sought to identify a reasonable, objective, and data-based monetary range for a no-fault compensation system with high- and low-financial limits for those with severe neurological deficits. Based on documented life expectancies and attendant care cost studies, the data analysis indicates a no-fault settlement payment ranging from US$479,712.24 to $3,098,504.16, reasonably ensures care and services for life.
authors: University of Florida Self-Insurance Program; University of Florida Healthcare Education Insurance Company; Department of Health Services Research, Management & Policy, College of Public Health and Health Professions.
authors: Randall C
authors: RC
authors: Jenkins
authors: University of Florida Self-Insurance Program.
authors: Brian W
authors: BW
authors: Boelens
authors: University of Florida Self-Insurance Program.
authors: Kari L
authors: KL
authors: Aasheim
authors: Department of Anesthesiology; Department of Neurosurgery, College of Medicine, University of Florida, Gainesville, FL, USA.
authors: Nikolaus
authors: N
authors: Gravenstein
keywords: cost of health care; health law; health regulation; long-term care; medical malpractice