How would you handle this money

amother

OP ↓

Thu, Oct 10 2024, 10:02 am

I may potentially be able to sue a hospital for negligence which resulted in an emergency with my baby which necessitated surgery, and could have ended badly if we wouldn't catch it in time (bh bh we did, and there are no lasting effects from this surgery).

We are not eager to sue, but the question came up. Potentially, if we do end up getting a settlement, does the money belong to the baby? To us as parents? split? Again, there are no lasting effects (if there would be, I assume there is no question it goes to the child), just a harrowing experience and unnecessary surgery if the hospital had done things differently.

I'm very curious on the hashkafic and/or halachic view on this.

amother

↑ OP ↓

Thu, Oct 10 2024, 10:06 am

amother Anemone wrote:

don’t count your chickens before they hatch

My question is mainly theoretical.

amother

↑ Anemone

Thu, Oct 10 2024, 10:10 am

amother OP wrote:

My question is mainly theoretical.

I’d earmark that money for baby’s education and his/her simchos

amother

Tuberose

Thu, Oct 10 2024, 10:10 am

Yes I believe that theoretically the money should belong to the child, but that as parents you’re entitled to use some of it on the child’s expenses. Like camp, bar mitzvah etc.

amother

Pumpkin

Thu, Oct 10 2024, 10:11 am

amother OP wrote:

My question is mainly theoretical.

Pretty sure the money belongs to the child.

amother

Hotpink ↓

Thu, Oct 10 2024, 10:12 am

If the money legally belongs to the child, you wouldn't have access to it (afaik.) It's placed in a locked fund under their child's name.
But you can sue separately for what the child went through, and you can sue for the heartache & aggravation you parents went through.

amother

Poppy ↓

Thu, Oct 10 2024, 10:13 am

I posted my story a while back. I was older when I had a school injury which was caused by their negligence. My parents sued, got a large sum plus all my medical expenses covered. My parents kept the money and I’m resentful until today especially since I have life long pain from the injury.

amother

↑ Poppy ↓

Thu, Oct 10 2024, 10:14 am

amother Hotpink wrote:

The parents get it since they sued and it’s not usually placed in a trust.

amother

Molasses ↓

Thu, Oct 10 2024, 10:15 am

amother Poppy wrote:

I’m so curious if you ever looked into this with a lawyer. Typically only the court can access the funds and the parents literally have no way to get it

amother

↑ Molasses

Thu, Oct 10 2024, 10:18 am

If the lawsuit is you on behalf of your child (ie, your child suing the hospital) then any settlement will legally AND MORALLY belong to your child, kept safe until they turn 18.

If the lawsuit is on your own behalf for your own personal damages then it would be your decision what to do with it

You may be able to sue the hospital for both parties, in which case the settlement would be split

Obviously you need legal advice and I agree with the above poster who said not to count your chickens..

ETA it’s very hard to get cash settlements or winnings when there are no lasting or significant damages

amother

↑ Poppy

Thu, Oct 10 2024, 10:20 am

amother Molasses wrote:

I’m so curious if you ever looked into this with a lawyer. Typically only the court can access the funds and the parents literally have no way to get it

Not yet didn’t work up the courage to anger them yet. But the paperwork I saw didn’t discuss a trust just the amount awarded to them.

amother

↑ Hotpink ↓

Thu, Oct 10 2024, 10:44 am

amother Poppy wrote:

The parents get it since they sued and it’s not usually placed in a trust.

That's not generally true.

amother

↑ OP ↓

Thu, Oct 10 2024, 11:05 am

I'm curious if suing for aggravation as a parent is even a thing.
Basically, if a doctor made a mistake but there are bh no lasting damages they dont need to be held accountable?

amother

↑ Hotpink ↓

Thu, Oct 10 2024, 11:08 am

amother OP wrote:

I'm curious if suing for aggravation as a parent is even a thing.
Basically, if a doctor made a mistake but there are bh no lasting damages they dont need to be held accountable?

It is a thing, you need a good lawyer.

amother

Cyclamen

Thu, Oct 10 2024, 11:13 am

I didn't read all responses
Just saying: check out statute of limitations.
Don't wait!
We missed it.
And my daughter does have lasting damages...
In our case obviously wasn't meant to be

amother

Mulberry ↓

Thu, Oct 10 2024, 11:17 am

[quote="amother Cyclamen"]I didn't read all responses
Just saying: check out statute of limitations.
Don't wait!
We missed it.
And my daughter does have lasting damages...
In our case obviously wasn't meant to be[/quot

I don’t believe the statues of limitations applies to a minor meaning that when she turns 18, she can sue.

amother

↑ OP ↓

Thu, Oct 10 2024, 11:17 am

It feels wrong somehow to benefit off of his pain. On the other hand, people are urging us to look into it, saying what do you have to lose.

amother

NeonOrange

Thu, Oct 10 2024, 11:21 am

amother OP wrote:

It feels wrong somehow to benefit off of his pain. On the other hand, people are urging us to look into it, saying what do you have to lose.

That’s exactly why I don’t think you should be benefiting off his pain. The money should be put aside and it should be his one day