Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
DEFENDANTS’ INFORMATION IS SPECULATIVE AT BEST. THERE IS NO CERTAINTY OR REASONABLE PROBABILITY THAT THE BENEFITS WILL INDEED BE AVAILABLE TO THE MINOR PLAINTIFF IN THE FUTURE
The defendant’s assertion regarding the future services or benefits to which the minor child may be entitled to now or years into the future is speculative at best. Whether the benefits or services identified by defendant’s expert witness will truly be available to and provided to plaintiff in the future is contingent upon many variables: (1) whether the public services identified have been, and will continue to be, funded by the Legislature, (2) whether the funding is adequate to meet the expressed goals and needs of the legislation, such as the numbers of personnel and expertise of personnel, as well as any necessary equipment and facilities, (3) the numbers of eligible recipients, and (4) whether such services may be available in other locales thereby inhibiting plaintiff or her family from living elsewhere.
It is impossible to predict, whether to a certainty or to a reasonable probability, whether the services and benefits identified by the defendants will be available to plaintiff now, a year from now, five years from now, or at any time in the future. Unlike rights which are secured by contract, the benefits or services identified by the defendant are not vested in plaintiff and may, as the public has seen, be lawfully terminated by the legislature.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CONCLUSION
It is well recognized that in these troubling economic times, ever-increasing budget cuts continue to cause termination of benefits to which citizens may have been entitled to yesterday but which the State or other government entity cannot provide today or tomorrow. It is inequitable, highly prejudicial and unjust to permit the defendant to escape compensating plaintiff for the harm caused by his negligence by foisting such responsibility upon the public citizenry.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.