Kids' Fractures Require Special Attention To Avoid Complications Down The Road

kids fracture.jpgChildren are energetic, active, and playful.  They play as hard as they can and are oftentimes unaware of their own safety. 

As can be expected, bone breaks or fractures are very common (diagram of bone breaks) in children.  Bone breaks are the fourth most common accidental injury for children under 6-years-old.   

 Broken bones can be difficult to recognize if the bone is not displaced.  Signs and symptoms of bone breaks include: 

  • Pain 

  • Swelling 

  • Bruising 

  • Tenderness 

  • Numbness 

  • Limited mobility  

  • Deformity 

If you suspect that your child has suffered a broken bone, you should apply ice to the area, keep the limb still, and seek medical care.  If you suspect that your child injured their spine, head, or neck, you should immediately call 911, then make sure not to move them, keep them laying down, and keep them calm until help arrives.   

The good news is that unlike older bones, children’s’ bones heal better and faster.  This is because their bones are stronger and more flexible, so they can better absorb shockProper diet can help keep a child’s bones healthy by building bone mass.  This can help prevent bone fractures when they are teens and help prevent bone breaks and osteoporosis later in life. 

The Mayo Clinic published a study revealing that the number of forearm fractures in Rochester, Minnesota have increased over 32% in boys and 56% in girls.  Researchers suspect that one cause is inadequate calcium.   

The most common type of bone breaks in children are greenstick fractures, which is an incomplete fracture caused by the bone bending.  Impacted fractures, the ends of the bones are driven into each other, is another common bone fracture seen in children, usually occurring in their arms.  Other types of bone breaks include:

  • Transverse fractures
  • Oblique fractures
  • Comminuted fractures
  • Pathologic fractures.   

Many bone fractures occur when a child is running, playing sports, falls or is involved in an automobile or atv accident.  Many of these breaks occur in the wrist, forearm, and around the elbow as they try to brace themselves as they fall.  Most of these fractures are relatively minor, but dangerous injuries can still occur.  Therefore, it is important to take steps to prevent injuries.  These efforts include: 

  • Ensure that your children wear proper protective gear during sports 

  • Use safety gates at the top and bottom of stairs 

  • Provide adequate supervision 

  • Follow warning sides and rules 

  • Teach your children about safety 

Sadly, another cause of bone fractures in children is abuse.  Thighbone fractures in children under a year old are caused by abuse in 70% of cases.  (See Children Are Frequently Targets of Abuse in a Group Home Setting)  Therefore, it is important for children to have a network of trusted adults who can identify and address any possible abuse.   

It is only natural that a parent would want to protect their children from harm.  Nevertheless, children will be children, and accidents are bound to occur.  It is still important to take precautions to prevent accidents and know what to do in case of injury.  Children are resilient and more often than not, bone breaks are only minor injuries that are easily treated.   

Rosenfeld Injury Lawyers is committed to protecting the rights of children during all activities.  If your child has suffered a bone fracture or other type of injury due to the negligence of another, we would honor the opportunity to speak with you.

Special thanks to Heather Keil, J.D. for her assistance with this Child Injury Law Blog entry

Sources: 

Poor Supervision Of Children On ATV's Can Have Disasterous Consequences

atv.jpgIt never ceases to amaze me how the poor judgment of an adult can lead to disastrous consequences for a child.

Particularly with the use of recreational activities, adult carelessness frequently contributes to situations where a child is harmed because the adult watching him or her failed to provide necessary instruction to a child regarding:

  • Safe operation of a vehicle
  • Hazards in the area
  • The importance of using safety equipment.

When supervising adults permit a child to engage in a potentially dangerous activity, such as the use of all-terrain-vehicles (ATV's), they have a duty to take the necessary safeguards to ensure the child's safety.  If they can not or choose not to provide instruction or take necessary safety precautions for the children, the activity should not be allowed.  Period.

My law office consistently receives inquires regarding children who have been injured or killed in an all-terrain-vehicle accident (atv). Although we can argue about whether children should be riding atv’s in the first place, our investigations into the incidents typically reveals that the real contributing factor to the incident is the lack of adult supervision.

The most common examples of inadequate adult supervision contributing to ATV accidents amongst children include:

  • Allowing very young children (under 10 years old) to ride unassisted
  • Allowing children to ride atv’s that are too big or too powerful for their size
  • Not supplying helmets or another protective equipment
  • Encouraging children to ride in areas that are unsafe for atv usage
  • Failing to advise children of dangers on property (bricks, holes, fallen trees, ect.)
  • Setting up hap-hazardly constructed jumps and ramps

I was saddened to see a recent example of a child killed while operating an ATV in Connecticut.  Yet again, it seems that the poor judgment of an adult played a huge rule in this devastating event. According to news reports the seven-year-old died following an ATV accident in which the vehicle rolled on top of him. Police investigating the incident determined that the child was not wearing a helmet at the time of the incident.

Could the helmet have prevented this situation from occurring?

Of course neither myself, nor anyone can accurately determine how the outcome of this incident may have been different had the child been wearing a helmet. However, statistics tell us that helmet usage reduces the incidence of traumatic brain injury (tbi) and death by more than 60%. Most ATV manufacturers recognize this simple preventative measure and recommend helmets for all riders.

Certainly, the adult(s) who we supervising this young person were negligent in failing to provide this boy with the proper (and necessary) protective equipment to make his ATV use safer.

Can a cause of action be maintained against the owner of the ATV and / supervising adult?

Probably. I have worked on a number of ATV accident cases where we have successfully recovered damages for injuries and death under an insurance policy covering the owner of the ATV, property owner, or a camp for failing to provide helmets as recommended by most ATV manufacturers.

Unfortunately, many of these situations occur at the home of a friend or family member. However, when there is insurance to cover the loss, we can frequently resolve these matters prior to trial, and in some situations prior to the commencement of a lawsuit.

Young Children and ATV’s Dangers

Children (under 16-years-old) experience a disproportionate number of injuries when operating ATV’s. Some sobering statistics from ATVSafety.gov include:

  • Over the last decade, more than 100 children die every year in ATV accident
  • In 2008, 37,700 children were injured severe enough to require emergency room treatment
  • More than 9.5 million 4-wheel ATV’s were in use in 2007 and the number of vehicle in use continues to grow at more than 10% annually.

Related:

7-year old dies following ATV accident Wtnh.com, July 30, 2010

ATVSafety.gov (contains links to state legislation)

ATV’s Behind Spike in Kids’ Injuries, All Terrain Vehicle Accidents Are Increasingly to Blame For Amputations, Spinal Injuries in Children, WebMD, Bill Hendrick

About Jonathan Rosenfeld

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About Jonathan Rosenfeld My law practice is focused on representing the most vulnerable members of our society in claims and lawsuits...

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