Medical Malpractice

Each day children in the United States are hurt in a range of accidents that result in different types of severe injuries. To make matters worse, many of these injuries could have been prevented if a responsible adult had been adequately monitoring the children to ensure proper safety was being used.

The number one cause of death in children over the age of one year is trauma. More than six thousand children die annually from various accidental injuries. In addition to this number, another fourteen million children are injured by a form of careless act.

Children are regularly injured by playground equipment that is not installed correctly, swimming pools that are unsafe, car accidents, animal bites, school bus accidents, falls, poisoning, molestation, as well as from defective products such as cribs, clothing, car seats, strollers, and toys. Furthermore, children may also suffer from being misdiagnosed by a physician or by being negligently treated for an illness.

Anytime a child is injured, there is a great deal of physical, emotional, and financial trauma that results. This can be quite serious and overwhelming to both the child and the parents. In the event that a child is injured so severely he or she loses their life, these feelings are only compounded.

Here are some examples of cases involving child injuries that resulted in large settlements:

Brain Damage Case from Malpractice/Negligence

A delayed diagnosis of appendicitis resulted in permanent brain damage of a two year old boy. In this case, the medical team did not act quickly and did not notice his perforated appendix for a prolonged period of time, which led to a condition known as peritonitis. This then led to metabolic acidosis, which triggered cardiac arrest, causing the boy to have his brain deprived of oxygenated blood for a several minutes.

The boy's father actually brought his son into an outpatient treatment facility a week prior to this episode, and then again three more times. Each time he was released without treatment. It was not until two days before the cardiac arrest took place that he was finally hospitalized. Following the cardiac arrest, the boy was able to be resuscitated, and was hospitalize for nearly five months. The extent of the damage that occurred was severe, and left the boy with spastic quadriplegia, blindness, and a lack of cognitive function. The child now requires 24/7 medical care, for the rest of his life.

Automotive Accident

A fourteen year old boy was riding in the backseat of a motor vehicle that was involved in a head on collision. The driver of the car entered an intersection that was flooded, with no warning signs as to the danger. Even though it was raining earlier in the day, it was not raining at the time of the accident. When the driver entered the flooded road, the car lost traction, spun, crossed into oncoming traffic, and struck another vehicle head on. The child suffered a severe head injury, which caused him to slip into a coma. He also suffered right arm, and left leg fractures. The medical bills alone for the child's care totaled more than half a million dollars. Since the boy suffered brain damage as well, doctors do not believe he will be able to live a normal life, hold a job, and be self-sufficient. In this case, medical expenses, pain and suffering, future medical care expenses, and loss of future earnings were all awarded.

High School Sport Injury

In this case, a thirteen year old boy suffered permanent paralysis as a result of rough housing that took place, without the adults supervising the children noticing. The boys began to wrestle and rough house before football practice, and during this event, another boy jumped on the first boy and injured his spine, severing it. Even though the school maintained the boys were the ones at fault, a settlement found the school district liable and a cash payment was made. The reason the school district could be held liable was because there is a certain amount of supervision that is assumed when children are left in the custody of teachers or coaches. When this is not carried out, negligence occurs. In this case, the settlement was large enough to cover medical expenses, past, present, and future, as well as for assistance for the rest of the child's life.

Negligence by Public Transportation

The severe injuries that were sustained by a sixteen year old girl struck by a train warranted a substantial settlement. The girl's injuries were so severe, that her left lower leg had to be amputated below the knee. When the accident occurred, the girl was crossing the street with a walk signal. Since it was proven that the girl was crossing at the right time, the municipality and the railway were found to be negligent in this case.

Amusement Park Injuries

Every year, thousands of children enjoy the activities found at amusement parks, yet many children suffer injuries in these locations. In one case, a high school student was harmed when a waterslide collapsed. The girl was taking part in her senior class trip, when the slide unexpectedly broke. It was proven that the manager of the amusement park had understaffed the business, which caused a lack of personnel to monitor the rides, and too many children were allowed onto the slide. The girl suffered permanent medical injuries that not only caused a lengthy recovery time; they also caused her to be limited in her future activities.

Abuse at School

One nine year old boy was awarded a hefty settlement after he suffered abuse at school from a teacher. This teacher physically and verbally abused the boy for a period of six months. The end result of this abuse was the teacher throwing the boy across the room, causing him to collide violently with a wall. When it was proven that the school had received many complaints about this teacher from other parents regarding their children being mistreated as well, the district was found liable and was forced to pay damages.

These are just a few cases of child injuries. Any time your child has suffered any type of injury due to someone else's carelessness it is extremely important that you contact a personal injury attorney right away. While the injury cannot be undone, damages can be awarded to help restore some sort of normalcy and to protect your, and your child's, future.