As a medical negligence lawyer who handles both medical malpractice lawsuits and other catastrophic injury cases, such as wrongful death, traumatic brain injury, amputation, paralysis, quadriplegia, paraplegia, brain damage, burns, PTSD, drowning, explosions, electrocutions, electrical shock, carbon monoxide poisoning, nursing home neglect, and elder abuse, I have seen many severe personal injuries and wrongful death. However, one of the most heartbreaking lawsuits is one arising out of personal injuries sustained by a child. Most severe personal injuries suffered by children typically arise by hospital negligence or trauma. In the hospital setting, newborns can be injured as a result of medical negligence that occurs during the labor and delivery process. This obstetrical negligence may take the form of a medication error, failure to monitor, nursing negligence or obstetrical malpractice. A delay in doing a c-section when a child is in distress is one example. In addition, excess traction can result in skull fractures and permanent brain damage. Excess traction during shoulder dystocia can result in Erb’s palsy or a brachial plexus injury that causes long-term disability and atrophy of the affected limb.
Traumatic injuries can occur due to any type of accident, such as a car crash, a truck crash, a bus accident, assault by a daycare worker, or any type of head trauma that leads to permanent traumatic brain injury (TBI). Trauma is the leading cause of pediatric death.
The U.S. Department of Health & Human Services’ national health statistics report shows that children living in rural areas are more likely to be diagnosed with a developmental disability than children living in urban areas. However, children living in urban areas have access to better resources including mental health therapy, well-child checkups and special education services.
As a medical malpractice lawyer, when I represent the family of an injured child, it is important to provide services beyond simply obtaining a recovery of compensation for the catastrophic injury. In addition, a caring lawyer will also work with the family to coordinate the use of funds recovered from a settlement or judgment with available public benefits such as Medicare and Medicaid. In addition, in light of these health statistics, it is important to advise clients who reside in a rural area to move to a wealthy suburban school district where quality IEP resources are available, as supported by the national health statistics report.
If your child has been injured as a result of medical malpractice, traumatic brain injury or an accident caused by the negligence of a third party, you should contact an experienced personal injury attorney in Cleveland, OH for advice. Time limits apply to these claims.
Thanks to Mishkind Kulwicki Law Co., L.P.A. for their insight into personal injury claims and children with severe injuries.
