Child Brain Injury

Child brain injury

A child may suffer a brain injury due to a variety of reasons, each unique in its circumstances and impact on the child’s health and development. One significant cause is medical negligence, which can occur during prenatal care, labour, or postnatal care. Medical professionals failing to monitor foetal distress, improperly using delivery tools like forceps or vacuum extractors (ventouse), or neglecting to address complications such as oxygen deprivation can lead to traumatic brain injuries. These lapses in medical care can result in conditions like cerebral palsy, hypoxic-ischemic encephalopathy, or other long-term cognitive and physical impairments.

Birth injuries themselves constitute a prominent category of causes for brain injuries in children. During the birthing process, complications such as prolonged labour, umbilical cord issues, or breech deliveries can place excessive stress on a newborn’s brain. The delicate nature of an infant’s skull and brain makes it particularly vulnerable to trauma during delivery, potentially leading to significant neurological damage.

Road traffic accidents represent another all too common cause of brain injuries among children. Whether as pedestrians, cyclists, or passengers in vehicles, children are at risk of severe head trauma in the event of a collision. The sudden and forceful impact typical of traffic accidents can cause the brain to collide with the skull, resulting in concussions, contusions, or more severe traumatic brain injuries (TBIs). Despite advancements in car seat technology and traffic safety measures, road accidents remain a leading cause of injury in young children.

Participation in sports can also expose children to the risk of brain injuries. Contact sports such as football, rugby, and hockey, where physical collisions are frequent, pose a significant threat. Even sports considered less aggressive can lead to brain injuries through falls or accidental impacts with equipment. Repeated concussions or a single severe blow to the head during play can lead to long-term cognitive issues, affecting memory, attention, and emotional regulation.

Falls at home are common, especially among younger children who are naturally curious and prone to exploring their environment. Climbing on furniture, slipping on wet surfaces, or falling down stairs can result in head injuries. These domestic accidents often happen despite the best efforts of parents to childproof their homes, underscoring the unpredictable nature of such incidents.

In educational settings, children may also suffer brain injuries due to falls or accidents during playtime. Playground equipment, if not properly maintained or supervised, can become a hazard. Running, jumping, and climbing, while essential for physical development, can lead to serious injuries if a child falls from a height or collides with a hard surface. Schools have a duty of care to ensure a safe environment, but accidents can still occur, leading to potential brain trauma.

Public places such as parks or recreational centres are also settings where children might suffer brain injuries. These areas often have high foot traffic and various activities that can pose risks. A child might slip on a wet floor, be struck by a moving object, or fall from playground equipment. Ensuring adequate supervision and maintenance of these public areas is crucial, yet accidents remain a possibility.

Violence, unfortunately, is another cause of brain injuries in children. Physical abuse or domestic violence can lead to blunt force trauma, resulting in severe and often devastating brain damage. Shaken baby syndrome, a specific form of abuse where an infant is violently shaken, can cause the brain to move within the skull, leading to bleeding, swelling, and permanent brain damage.

In all of these scenarios, the consequences of a brain injury can be profound, affecting a child’s physical health, cognitive abilities, and emotional well-being. There are a number of leading charities in the UK that offer both practical and emotional support as well as information and educational opportunities for families , impacted by childhood-acquired brain injuries – see our homepage for a list of support charities.

Claiming Compensation on Behalf of a Child

In UK law, minors (under 18) cannot bring a legal claim themselves – but a parent or guardian can act as a “litigation friend” to pursue the claim for them. As the litigation friend, you make decisions in the child’s best interests and work closely with the solicitor. Our lawyers will primarily liaise with you, keeping you informed at each step and obtaining your consent for key decisions, while always centering the child’s welfare.

One significant aspect to bear in mind with regard to child injury claims is that the usual time limit is extended. For adults, a personal injury claim must generally be started within 3 years of the accident. For children, the 3-year limitation “clock” doesn’t begin until their 18th birthday which means you can usually start a claim any time before the child turns 21. However, it is almost always better to commence the claim as soon as possible while evidence (and memories) are fresh. Early action also means interim funds can potentially be obtained sooner to help with your child’s rehabilitation.

When the claim concludes, whether by settlement or court judgment, any compensation awarded to a child is protected by the court. The court will hold a brief approval hearing to double-check that any settlement is fair and in the child’s best interests (since children cannot legally consent to settlements). Once approved, the funds are usually invested by the court in the Child Injury Trust Fund or a similar protected account. The money (and any interest accrued) is then released to the child when they turn 18. In the meantime, parents can typically apply to the court to withdraw some of the funds if needed for the child’s direct benefit (for example, to pay for a piece of rehabilitation equipment or educational support). The court will allow this upon reasonable request. Our solicitors will guide you through this process to ensure the compensation is managed properly for your child’s needs.

Should you wish to speak to a solicitor regarding your child’s injury and concerns for their future please do not hesitate to contact us here at Osborne Morris & Morgan Solicitors. We are committed to providing you and your child with expert legal guidance and reassurance through the challenging times following a brain injury.

Here’s what we offer:

• Expert legal advice: Our experienced legal team will provide you with step-by-step guidance whilst actively pursuing your child’s compensation claim to ensure justice and accountability.

• Practical support: We help you and your child adapt and manage life post-injury, offering both practical assistance and emotional support to navigate this difficult period.

• Comprehensive compensation: We aim to secure the compensation your child deserves to maintain the best quality of life possible. This includes covering costs for specialist care, therapy, treatments, necessary equipment, and suitable accommodation.

• Long-term security: Gain peace of mind knowing that your child’s future needs are secured.

By partnering with us, you ensure that your child receives the best possible care and support, allowing them to lead a fulfilling life despite their ongoing challenges.