Cerebral Palsy, Birth Injuries, Medical Malpractice

What Needs To Be Proved In Order To Win A Cerebral Palsy Lawsuit?

By Jonathan Rosenfeld on May 18th, 2013 Posted in Birth Injuries, Cerebral Palsy

What is Cerebral Palsy?

Cerebral palsy is a disorder that usually occurs during pregnancy or during childbirth. Lack of oxygen to the brain causes brain damage to areas of the brain that regulate muscle movement. The lack of oxygen can occur due to a number of factors, and in some cases, it can be the fault of the medical team during the time of delivery.

Cerebral palsy is a difficult condition to live with for children. They will never be able to live as other children, play openly, nor will they be as free as other children will. Parents also have a difficult time giving their child adequate care and must supervise their child at all times. This can be stressful for parents and on any of the other children in the household.

Malpractice of the Medical Team

When cerebral palsy is considered the fault of the doctors or the medical team on staff, a birth injury lawsuit is required to investigate further in detail exactly what occurred and who was at fault. Many mistakes can be made by the medical team that can cause the brain to receive inadequate amounts of oxygen.

If the umbilical cord is wrapped around the neck, they may take too long to remove it, causing a severe lack of oxygen to the brain.
If the delivery takes too long, and if the baby is stuck in the birth canal, there will be a lack of oxygen to the brain.
If the doctors use any instrument to help deliver the baby, they may cause brain trauma.
If the doctor’s do not act quickly enough to perform an emergency caesarean section which can result in the baby not receiving enough oxygen.

Filing a Cerebral Palsy Lawsuit

If a parent believes that the disorder their infant now has to live with for the rest of their lives is due to the mistakes of their medical team, they can file a cerebral palsy lawsuit against the doctors. Although nothing will ever compensate for the losses of the parents and the child, a compensation package can help the child receive the best care and also help parents try to give their child the best they can.

Many legal factors must be taken into account when filing a cerebral palsy lawsuit. The parents must consult with an experienced attorney before they begin. Proving medical malpractice can be a difficult task, and an attorney will know where to start and who to question.

There is also a time limit, called the statute of limitations, which gives the parent a certain amount of time they have to file a cerebral palsy lawsuit. An attorney will discuss all the details with the parents and will inform them if they are eligible to file a lawsuit.

What needs to be proven?

The most important part of filing a cerebral palsy lawsuit is to be able to prove your case. Here is a list of the criteria that must be proven to win a cerebral lawsuit.

The parents must be able to prove that the doctor or medical staff (the defendant) had a ‘duty of care’ for your infant.
The parents must also prove that due to the doctor or medical staff’s mistakes, their child suffered brain trauma that caused cerebral palsy.
There must be an ‘expert testimony’ given by a medical professional who will testify that the information regarding the cause of cerebral palsy is correct.
The parents must also list what damages or losses were caused by the defendant’s negligence. These can include the cost of medical care, pain and suffering or even disability.

Here are some useful references concerning cerebral palsy litigation:

Do Not Under Estimate the Damage Caused by Dog Attacks To Children

By Jonathan Rosenfeld on April 18th, 2013 Posted in Dog Bite Attacks

Dogs have been long labelled as a man’s best friend. Children love playing with their pet dogs, and are constantly left with dogs unsupervised. This has become quite a hazardous choice nowadays, as the breeds of dog people are choosing to keep as pets nowadays have become increasingly of the dangerous kind. Japanese Akita, Pit Bull and Rottweiler are common breeds of dogs that are kept as pets and have been known to attack young children and cause serious injuries.

Physical and Psychological Effects

The injuries young children sustain have long lasting effects, both physical and psychological. When we hear about dog bites, we tend to think of minor injuries such as a small bite on the arm, or a cut on the leg. However, in reality, the damage caused by dog attacks is underestimated.

In Newbold, Derbyshire, a three-year old boy needed 100 stitches to mend a bite on his face caused by a Japanese Akita. Another child in Boynton Beach, Florida, required three surgeries after an attack by a Pit Bull. These injuries are serious and children have to suffer devastating consequences due to these attacks.

The physical injuries may eventually heal, but the psychological and emotional trauma a child feels may never go away. The attack can instill a new set of fears for the child, and every time the child sees a dog or a similar animal, they will be frightened, and memories of the attack may resurface.

Psychological Effects are underestimated

Adults overlook these emotional side effects of dog attacks. This can be due to the fact that with adults and older children, the emotional effects may not be as devastating. Older children and adults are able to discuss their feelings and the incident easily with others, they may even brag about it. With younger children, the experience scars them for life, and with some sensitive children, talking about the experience proves to be very difficult.

PTSD and Dog Attacks

Young children are also more at risk of suffering from post-traumatic stress disorder (PTSD). Thus, it is very important for parents and physicians to assess a dog bite victim both physically and mentally. Parents should be on the lookout for any possible signs of PTSD, such as:

Anxiety
Sleep issues
Changes in appetite
Severe behavioral issues

Parents should encourage their child to talk about their traumatic experience, but if the child is having difficulty doing so, a visit to a pediatric psychologist may be advisable.

The three-year-old boy who had been maimed by the Japanese Akita asked his mother, if he was ‘still cute’. This proves that children see themselves differently after the attack. They know they have changed in some way, and even if they cannot comprehend the extent, of which they have.

When someone suffers from a dog attack, the damage done can usually be underestimated, especially if the physical injuries are small or minor. Dog bites are more likely to occur with children than with any other age group. With children, this is particularly true, as they may be afraid to recount details of their attack and will keep much of their fear inside.

Here are some references parents may find useful related to childhood dog attacks:

Pediatric Brain Injuries Related To Car Accidents – What Statistics Tell Us?

By Jonathan Rosenfeld on March 19th, 2013 Posted in Brain Injury (TBI), Motor Vehicle Accidents

The injuries inflicted on a child during a car accident can have lifelong consequences. With head trauma and brain injuries, sometimes these consequences will not be apparent until later in a child’s life. Head injuries are the most common injury that children suffer from in car accidents.

The Statistics

In a study conducted by the US National Highway Traffic Safety Administration in 2010, they reported that children under the age of one are at a much higher risk of sustaining head injuries in car accidents than other children. The most common form of head injuries in children under the age of one is concussions and unconsciousness. It was also reported in the study that older children (over the age of one) were more likely to suffer from skull fractures.

For all age groups studied, head injuries were the most common injuries to occur in car accidents for children aged seven and under. Children under the age of one had a higher incidence rate at 70% compared to children aged 1 to 3 at 51% and children aged 4 to 7 at 39%.

These incidence rates regardless of age group are quite high, and the statistics bring to light the fact that pediatric head and brain injuries due to car accidents is a very common and very serious matter.

Traumatic Brain Injury and its Long Term Effects

Traumatic brain injuries are very complicated and hard to diagnose in children as their brains are still developing. Due to the brain’s developing during this stage, any head injuries a child sustains may have impacts that will not be clear until later on, once the brain has fully developed. During this developing stage, any damage caused to the brain can result in developmental issues or neuropsychological problems that may appear later in life.

Specific areas of the brain control specific functions in our bodies, and some regions of the brain develop later than others. Thus, if a region is damaged before fully developing, injuries sustained in that area will affect the functions that brain area is responsible for. For example, the frontal lobe is a late developing region that controls personality and social skills. If this area is damaged early in life, it will shape how the child functions socially and effects will not be noticed until later in life when the frontal lobe has fully formed.

How Head and Brain Injuries Can Be Prevented

Although there is no specific formula for preventing a head injury from occurring, there are ways that parents can help protect their children from sustaining serious injuries. Restraining devices should be used in all vehicles for children of all ages. Vehicles should be driven safely with all attention on the road.

Parents must ensure that they are not distracted by their child or by any other actions such as talking on the cell phone. If a car accident occurs, a child must be properly checked by a medical physician, no matter how minor the injury may seem. Delaying medical attention can cause greater damage to the child. With head and brain injuries, a child must be monitored very carefully after the accident, as effects can be delayed.

Some helpful resources for child brain injury:

Attorneys Suggest Pedestrian Safety Tips for Your Child

By Jonathan Rosenfeld on December 18th, 2012 Posted in Motor Vehicle Accidents, Pedestrian Injury

Whether it is walking to school, the bus stop, or a friend’s house, it is important that your child knows proper safety techniques to ensure they are walking safe. Practicing safe walking is the best way to protect your child from being involved in a serious accident that leaves them injured. If they should be involved in such an incident, there are skilled New Jersey injury lawyers that can assist you.

The National Highway Traffic Safety Administration reported that in 2009 there were 244 pedestrian accident fatalities that were children 14 or younger. Of all fatal traffic accidents involving children, these pedestrian accidents accounted for about one-fifth. It was also reported that in 2009 there were an additional 13,000 children 14 or younger injured in pedestrian accidents.

Safe Walking Tips for Children

While the number of kids getting hurt in these kinds of incidents has lowered over the last decade, there is still much to be done with regards to preventing these tragic accidents. Make sure your children know how to safely walk where they need to go and that they always follow these rules.

Always walk on a sidewalk or path, never in the street. If there is no options of sidewalks, always make sure you are within the lines of the shoulder and that you are walking towards traffic.
Make sure you are seen. Wearing brightly colored clothing will help drivers see you when walking during the day, but at night you will need to wear reflective clothing or carry a flashlight to alert cars that you are there.
When crossing the street, stop at the curb and look left, right, and left again before walking into the street. You should always cross in a marked crosswalk and when you have the green light.
When walking with friends, it is important that you never roughhouse by pushing, shoving, or jumping on each other. Someone could fall or accidentally get knocked into the street.

Practice Makes For Improved Safety

By informing your children of how they should behave and the safety measures they should practice, you are greatly reducing the chance that they will be hit by a car. As parents you should also be aware of your children playing in or around the street—if at all possible do not allow them to do this. It is much safer for your children to play in the back yard or an enclosed space away from the road where there is no chance of them running into the street.

If the unthinkable does occur, and your child is left with serious injuries, there are experienced New Jersey pedestrian accident attorneys that can help you to get the money you deserve and to see that the responsible parties are held accountable for their careless actions.

Resources:

New Jersey injury lawyers: http://www.consoleandhollawell.com/new-jersey/accident-injury-lawyers/
National Highway Traffic Safety Administration: http://www-nrd.nhtsa.dot.gov/Pubs/811387.pdf
New Jersey pedestrian accident attorneys: http://www.consoleandhollawell.com/new-jersey/pedestrian-accident-lawyers/

Childhood Brain Injuries May Lead To Criminal Behavior

By Jonathan Rosenfeld on December 5th, 2012 Posted in Brain Injury (TBI)

A new study suggests that brain injuries in children can lead to criminal behavior later in life. When a child sustains a brain injury (see here), many difficulties can arise in how their brain can function. Although some symptoms from the injury are apparent right away, others may take years to identify. Brain injuries can affect the way that a child’s brain develops; causing delay or dysfunction in the way they process information, perform physical tasks and in their social and behavioral aptitude.

University of Exeter Study

Professor Huw Williams of the University of Exeter in the U.K. released his report “Repairing Shattered Lives” that gave the details of his study on the effects of childhood brain injuries on judgment and impulse control. His study and another released by the University of Birmingham were both cited in a report on the issue of brain injuries and criminal behavior issued by the Children’s Commissioner for England, highlighting the need for detection of brain injuries in young offenders to prevent further criminal behavior.

Professor William’s study included a survey of 200 male prisoners on their childhood history of head trauma. 60% of the inmates reported having a head injury as a child, which is much higher than the general population. Since head injuries can cause developmental behavioral problems, identifying young offenders that may be suffering from these issues and treating them may reduce the amount that go on to lead adult criminal lives.

Traumatic Brain Injury And Behavior

Although these studies are recent, the fact that early brain trauma can affect behavior has been studied and acknowledged for some time. A study published in 2003 in the Oxford Journal showed a correlation between traumatic brain injuries, both moderate and severe, to behavior problems as soon as one year after the injury and lasting through the fourth year of the study. These children were two to three times more likely then those without brain injuries to have behavior issues.

Another study from researchers in New Zealand looked at the affects of childhood traumatic brain injuries years after the injury. The study looked at 81 cases of brain injuries in children 5 years or younger and followed their progress through age 13. Those who had severe brain trauma that required hospitalization had much higher instances of ADHD symptoms and conduct disorders compared to children with no history of brain injury. Even more alarming, the symptoms tended to get worse as the child grew older.

Brain injuries, especially in young children, can affect the way that the brain processes information and how it develops. It should not come as a surprise that children who suffer this type of trauma may have a host of cognitive problems, including how they behave and handle stressful situations. It can only be assumed that without treatment and counseling that these children could grow up to make poor choices, even criminal ones. The lesson to be learned is that any childhood brain trauma (click here) can have long lasting effects and should always be taken seriously.

Resources:

Are School Buses Really Safer Than Cars?

By Jonathan Rosenfeld on November 27th, 2012 Posted in Motor Vehicle Accidents, School Bus Accidents

The large orange-yellow school bus is an iconic symbol of formative years, as almost all children rode on one either to and from school or at the very least, to certain school functions. While a child would not question whether it was the safest mode for them to be transported in, parents cannot help but wonder if they truly are a safe option. With all the distractions that can happen on a bus, are school buses really safer than cars?

Safety Features

As far as outside safety features go, school buses are as safe as they come. Built with reinforced side panels, a bright, recognizable color and even equipped with a stop sign and flashing lights, they are large, safe, well built vehicles.

There has been concern over the years, as seat belts have become standard and even the law in most states, that school buses should also have seat belts. Although smaller buses do come equipped with seat belts, the larger buses do not. The National Highway Traffic Safety Administration (NHTSA) has looked at the issue and has determined that due to the design and the weight of standard school buses, that seatbelts would not improve safety. Impacts to these large vehicles cause much less force to passengers compared to other smaller vehicles and the high energy-absorbing seats that are narrowly spaced provide protection in the case of a crash.

School Bus Drivers

One of the main safety features of a school bus is the person behind the wheel. While the average parent may insist they are excellent drivers, they are unlikely to have went through the type of training and testing that the average school driver goes through. School bus drivers must:

Pass random drug/alcohol testing
Receive training in loading, security and medical procedures
Have frequent driver record checks
Be trained in student behavior management

Statistics On Safety

An estimated 23 million children ride on a school bus every day and most arrive safely to and from school. In fact, compared to riding in a car, they are much more likely to arrive safe and alive. When fatalities of children of school age who die in a motor vehicle accident during school hours are compared, the far safest mode of transportation is the school bus.

Only 1% of these fatalities happened while the children were on a school bus.
58% of the fatalities were with a teen driver
23% were when there was an adult driver

When it comes down to it, school buses seem to be safer than cars when it comes to transporting children to and from school. They also take millions of cars off the roads near school areas, save money for families and are better for the environment. What can be better than that?

http://www.nhtsa.gov/School-Buses

http://news.consumerreports.org/cars/2009/10/school-bus-safety-.html

Child Abuse Can Be Responsible For Injury To The Brain & Delayed Development

By Jonathan Rosenfeld on November 19th, 2012 Posted in Brain Injury (TBI), Foster Care Abuse, Uncategorized

It is not just physical abuse that can affect and damage developing brains in children. According to recent findings, emotional abuse and neglect can also have an impact on how a child’s brain develops, leaving them more likely to have learning and emotional disabilities, as they grow older.

Early Childhood Affects On The Brain

A neurologist from the University of California, Los Angles recently released brain scans of two 2-year old children who both came from very different home environments. One child came from a loving home while the other had been exposed to neglect and abuse. The results of the scan showed that the abused child had an under-developed brain in areas that would affect how the child learned and functioned, even into adulthood.

The effects of abuse and neglect on child brain development have been studied before. It is thought that environmental factors in a child’s early development can actual change the how genes within the body react. A study done on Russian orphans who were known to have experienced neglect showed there was actually a change in the children’s DNA, linked to their poor treatment.

During the first two years of a child’s life, 80% of their brain cells are developed. Any disruption in their emotional or physical needs can affect how these cells develop. While physical abuse such as shaken baby syndrome and other forms of child abuse are more apparent in their affect on the child, it seems that other less noticeable forms of abuse can leave physical marks as well.

How Changes In The Brain Occur

When a child is born, their brains are fairly undeveloped. At this point, their small brains will mold and develop over the next few years and can be greatly influenced by their environment. While an adult can be affected by a traumatic event, it will most likely not change their brain physically. In small children, stress, abuse and emotional trauma can actually change the physical properties in their brain.

According to Dr. Bruce Perry, who is considered an expert on brain development, when a child is in constantly in distress or feels threatened, the fear-activation in their brains constantly is on overload. While this survival mode is normal when any person experiences trauma, for children it can actually impact their development and how their neural pathways in the brain are created. This disruption in normal development can lead to a host of problems that can cause both physical and mental disadvantages for the rest of the child’s life.

The good news, if there is any, is that the sooner abuse is recognized and stopped, the better chance children can have of overcoming these delayed developments. Young children are very adaptable and with encouragement and a safe, nurturing environment, it is possible for them to recover at least some of what they lost. The best solution is prevention and increased education on abuse so it can be stopped before it is too late.

http://health.msn.co.nz/healthnews/8555843/child-abuse-causes-damage-to-the-brain

http://teacher.scholastic.com/professional/bruceperry/abuse_neglect.htm

Tremendous Expenses Related To Disabled Child Care

By Jonathan Rosenfeld on October 22nd, 2012 Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical Malpractice

Raising a child with disabilities can have enormous costs for the family. Beyond the cost emotional, mentally and physically, the financial burden can be tremendous as well. Even with health care insurance and even government assistance, there are many out of pocket expenses that are just not covered.

Specialized Medical Equipment Necessary To Care For Disabled Children

Depending on the severity of the disability, there are many devices and equipment that may be needed to properly care for a disabled child. Keeping in mind that a disabled child may never be able to be on their own, these are ongoing costs that can be for the entire life of the child. Some equipment that may be needed:

Wheelchairs, walkers, braces and other mobility equipment
Protective gear, such as helmets, guard rails and car seats
Special bedding, mattress protectors and bedding rails
Medical equipment, which includes too many items to list

Home And Car Modifications

If the disabled child is in a wheelchair or has difficulty walking, there may be needed changes to the home and vehicles. Since vehicles often need to be replaced, these modifications are continuous with every vehicle the family buys.

Ramps, inside and out of the home
Change in home door sizes to accommodate wheelchairs
Vehicle wheelchair accessibility and transport

Health Services

Disabled children have ongoing financial needs for all their health needs and there are travel costs to and from the many doctor visits. Many children with disabilities may have new symptoms and medical problems related to their disease, as they grow older.

Prescriptions and medications
Doctor visits-specialists, nutrition, physical therapy
Testing, scans and lab
Hospitalizations

Child Care

Balancing the need to make money and have childcare can be a difficult choice. For lower income families, the cost of going to work is often too great. Even if one parent stays home, the family has to live on one income, which is difficult in today’s economy. There are always times when specialized care needs to be available for the child.

When the parents are working
When there are errands to run
When other children need the parents
When the parents are ill or just need an emotional break

Disabled children do come with a high price tag but most parents would not trade their beloved, special kids for anything in the world.

Attorneys for children disabled due to injuries sustained during the birthing process

Caring and providing for any child can be a tough responsibility, caring for a child with disabilities sustained at birth can put an enormous amount of stress upon the entire family. Attorneys with experience litigating birth injury cases can help provide answers to how medical mistakes may have impacted your child.

In situations where medical negligence is responsible for a birth injury of a child, attorneys with experience litigating birth injury cases can help provide for your child’s financial future in the form of a medical malpractice case against a physician, midwife or hospital. Get the compensation your child deserves and contact our team of birth injury lawyers today for a free case assessment without any obligation on your end.

http://raisingchildren.net.au/articles/disabilities_managing_finance.html

http://www.nypost.com/p/news/local/staten_island/palsy_kid_3jO2Ciyy8IDYbZqmUJSlpL

Contact Jonathan At:

Child Injury Laws Blog

By Jonathan Rosenfeld