Nov 20, 2024 in News Legal News

Legal News: Pediatric Head Trauma: Causes, Legal Implications, and Compensation

Pediatric head trauma is one of the most alarming injuries that parents, caregivers, and healthcare professionals face. In children, head injuries can range from mild concussions to severe traumatic brain injuries (TBI), with lasting effects that may include developmental delays, cognitive impairment, and physical disabilities. When such injuries occur due to negligence, whether due to medical malpractice, during recreational activities, or as a result of motor vehicle accidents, the consequences can be both devastating and legally complex.

Our pediatric injury lawyers in Toronto understand the critical nature of pediatric head trauma cases. These cases require not only a thorough understanding of the legal system but also compassion and expertise in dealing with families who are grappling with the emotional and financial aftermath of such injuries.

In this blog, we will explore the common causes of pediatric head trauma, the legal implications of these injuries, and the compensation that families may be entitled to through the personal injury or medical malpractice legal process.

Common Causes of Pediatric Head Trauma

Head injuries in children can occur in various scenarios, but some of the most common causes include:

1. Motor Vehicle Accidents

Motor vehicle collisions are one of the leading causes of pediatric head trauma. Whether a child is a passenger in a car, a pedestrian, or riding a bicycle, they are vulnerable to serious head injuries in the event of an accident. In particular, children’s smaller size and developing brains make them more susceptible to traumatic brain injuries.

Negligence in these cases can range from reckless driving, failure to use proper child safety restraints, or distracted driving. In any of these cases, if another driver’s actions result in head trauma to a child, they may be held legally responsible.

2. Falls

Children are naturally prone to falls, particularly when they are learning to walk or engage in physical activities like playing sports. However, falls from a significant height, such as playground equipment, stairs, or balconies, can lead to serious head injuries. In some cases, unsafe conditions at playgrounds, daycare facilities, or homes could constitute negligence, making it possible for families to seek legal recourse.

3. Medical Negligence

Medical malpractice can also be a source of pediatric head trauma. For example, during childbirth, improper use of forceps or a failure to promptly address fetal distress can result in head injuries to newborns. In such instances, medical malpractice may be a factor. Pediatric head trauma can also occur in the healthcare setting if doctors fail to diagnose or treat an infection, tumor, or other medical condition that leads to brain injury.

4. Recreational Activities and Sports Injuries

Contact sports like football, soccer, or hockey can lead to concussions and more severe head injuries in children. While injuries during sports are often part of the risk associated with participation, negligent supervision, lack of proper safety equipment, or failure to adhere to concussion protocols can raise the possibility of legal action. Schools, sports leagues, and coaches may be held accountable if they do not take adequate precautions to protect children.

5. Physical Abuse

Unfortunately, some pediatric head injuries occur as a result of physical abuse, often referred to as Shaken Baby Syndrome (SBS) or abusive head trauma. These types of injuries are preventable and often arise in daycare settings or under the care of caregivers. Legal action in these cases may involve both criminal prosecution and civil lawsuits.

Legal Implications of Pediatric Head Trauma

When a child suffers a head injury due to another party’s negligence, families may have grounds for a personal injury claim. In Toronto and across Ontario, personal injury law provides a pathway for victims to seek compensation for the damages incurred.

1. Establishing Negligence

To successfully bring a personal injury or medical malpractice claim, it must be demonstrated that the responsible party was negligent. Negligence in these cases refers to a breach of the duty of care owed to the child. For instance, a driver has a duty to follow road safety rules and operate their vehicle in a way that minimizes the risk of harm to others, including children. Similarly, medical professionals owe a duty of care to their patients to provide treatment that meets the standard of care expected in their field.

In the case of pediatric head trauma, establishing negligence may involve gathering evidence, such as medical records, accident reports, witness testimony, and expert opinions. The legal team at Neinstein LLP has extensive experience in collecting and presenting this kind of evidence to ensure that families receive the justice they deserve.

2. Statute of Limitations

In Ontario, personal injury claims, including those involving children, are subject to a statute of limitations. This is the time limit within which a lawsuit must be filed. For pediatric injury cases, the statute of limitations generally does not begin until the child reaches the age of 18, meaning they have two years from their 18th birthday to file a claim. However, it is in the best interest of the family to act as soon as possible to preserve evidence and build a strong case.

3. Causation and Damages

Once negligence is established, the next step is proving causation. This means demonstrating that the defendant’s actions (or inactions) directly caused the child’s head injury. Causation can be a complex issue in head trauma cases, especially if the child had pre-existing medical conditions or if multiple factors contributed to the injury.

Damages in pediatric head trauma cases can be extensive. They may include compensation for:

             
• Medical expenses: Both past and future costs related to treating the head injury, such as hospital bills, medications, rehabilitation, and ongoing care.
• Pain and suffering: Compensation for the child’s physical pain, emotional distress, and reduced quality of life.
• Loss of future earning capacity: If the injury leads to long-term disability or impairs the child’s ability to earn a living in the future.
• Special damages: Any out-of-pocket expenses related to the injury, such as home modifications or special equipment.

Compensation for Pediatric Head Trauma

The financial burden on families after a child sustains a head injury can be overwhelming. Compensation is intended to alleviate some of these burdens by covering the costs associated with the injury and ensuring that the child’s future needs are met.

1. Personal Injury Claims

If a child’s head injury was caused by the negligence of another party, families can file a personal injury claim to seek compensation for damages. These claims often result in settlements, but if necessary, they can proceed to trial.

At Neinstein LLP, we work closely with medical experts, financial planners, and rehabilitation specialists to ensure that the compensation sought is comprehensive and accounts for both current and future needs. We understand that pediatric head injuries can have long-lasting effects on a child’s life, and we strive to secure a settlement or judgment that reflects the full scope of these consequences.

2. Medical Malpractice Lawsuits

In cases where the injury was caused by medical negligence, families may pursue a medical malpractice lawsuit. These cases often involve a higher degree of complexity, as they require proving that the medical professional’s actions deviated from the accepted standard of care. However, with the right legal representation, families can secure compensation that will help them manage the long-term care of their child.

Conclusion

Pediatric head trauma is a deeply troubling issue with far-reaching consequences for both the child and their family. If your child has suffered a head injury due to someone else’s negligence, it is essential to seek legal counsel as soon as possible to understand your rights and options.

At Neinstein LLP, we are committed to providing compassionate and expert legal representation to families in Toronto dealing with pediatric head trauma. Our goal is to help you secure the compensation your child deserves to ensure their recovery and future well-being. Contact us today for a consultation and let us help you through this challenging time.