If ROP or another disability was caused due to negligence and the court orders that compensation must be paid, it is important to note that each child’s claim is different. The amount of compensation is also referred to as “Damages” or “Quantum”. The word quantum comes from the Latin quantus, meaning “how great” or “how much”.
What Damages will be claimed for my child?
The damages suffered by a child suffering from permanent blindness due to Retinopathy of Prematurity may include all of the following:
- Cost of Special Equipment
- Costs of special schooling if necessary
- Costs associated with additional therapies to maximize your child’s potential
- Cost of Medical Treatment related to Blindness
- Cost of having a driver/assistant
- Costs of a guide dog
- Adaptations to a house to make it blind-friendly
- Loss of earnings or ability to earn a future income
Because each child is different, one child may need an assistant and another one not. One child may need a computer, while another one might have other disabilities which mean that he/she would not be able to use a computer. Some children may be able to attend mainstream schools and live independently, while others might have additional problems such as attention deficit disorder or brain damage which is not related to blindness. It is only possible to determine the value of a claim by obtaining reports and opinions from specialists such as the following:
- Ophthalmologist
- Speech and Language Therapist
- Occupational Therapist
- Physiotherapist
- Educational Psychologist
- Industrial Psychologist
- Actuary
As many as 25 different types of experts can be required to determine the value of a claim and prove the same to the court. Each case thus has to be assessed by a knowledgeable attorney to ensure that all of a child’s needs are considered and fair compensation is received.