What Is a Child Brain Injury?
A brain injury can have serious consequences at any age, but injuries involving infants and children can be especially concerning because the brain is still developing. Damage to the brain may affect a child's physical abilities, behavior, learning, communication, memory, and development for years to come.
Child brain injuries can result from trauma, oxygen deprivation, birth complications, falls, motor vehicle accidents, medical errors, and other incidents. Some children recover significantly with treatment and rehabilitation, while others may experience permanent neurological or developmental impairments.
When a child's brain injury is caused by another person's negligence, unsafe conditions, or medical malpractice, the child's family may have the right to pursue compensation for medical expenses, future care, and other damages associated with the injury.
What Causes Brain Injuries in Children?
Children can suffer brain injuries in many different circumstances. Some injuries involve a direct impact to the head, while others occur because the brain is deprived of oxygen or adequate blood flow.
Potential causes of child brain injuries include:
Car and truck accidents
Pedestrian and bicycle accidents
Falls
Playground accidents
Sports and recreational injuries
Birth injuries
Oxygen deprivation
Drowning and near-drowning incidents
Medical malpractice
Defective products
Unsafe property conditions
Falling objects
Serious infections or medical complications
Determining exactly what caused a child's brain injury can be critical. In a potential personal injury or medical malpractice case, medical records, accident reports, witness statements, imaging studies, and expert evaluations may help establish how the injury occurred and whether it could have been prevented.
Traumatic Brain Injuries in Children
A traumatic brain injury (TBI) occurs when an external force damages or disrupts normal brain function. A child does not necessarily need to lose consciousness to suffer a traumatic brain injury.
TBIs can range from relatively mild concussions to severe injuries involving bleeding, swelling, or permanent damage to brain tissue.
Common causes of traumatic brain injuries in children include falls, motor vehicle accidents, pedestrian accidents, bicycle crashes, sports injuries, and other incidents involving a forceful impact to the head or body.
Because children may have difficulty explaining their symptoms, parents and caregivers should pay close attention to changes in behavior, mood, sleep, coordination, or cognitive function following an accident.
Brain Injuries Caused by Oxygen Deprivation
Not every brain injury involves a direct blow to the head. A child's brain can also be damaged when it does not receive enough oxygen.
Hypoxic brain injuries occur when the brain receives an inadequate amount of oxygen, while anoxic brain injuries involve a complete interruption of the brain's oxygen supply.
Oxygen deprivation may result from:
Birth complications
Drowning or near drowning
Choking or airway obstruction
Respiratory failure
Cardiac arrest
Anesthesia complications
Ventilator problems
Delayed treatment of respiratory distress
Other medical emergencies
The severity of an oxygen-deprivation brain injury often depends on how significantly oxygen levels were reduced and how long the brain remained without an adequate supply.
Child Brain Injuries During Pregnancy and Birth
Brain injuries can occur before, during, or shortly after childbirth. One serious condition associated with inadequate oxygen and blood flow to an infant's brain is hypoxic-ischemic encephalopathy (HIE).
Complications involving the placenta, umbilical cord, prolonged labor, fetal distress, maternal health conditions, or other problems may interfere with a baby's oxygen supply.
Healthcare professionals are expected to appropriately monitor the mother and baby and respond when signs indicate that the child may be in distress. Depending on the circumstances, immediate intervention or an emergency C-section may be necessary.
Not every birth-related brain injury results from medical malpractice. However, when a healthcare provider fails to recognize fetal distress, delays a necessary delivery, improperly administers medication, or otherwise fails to meet the applicable standard of care, the circumstances may warrant further investigation.
Signs and Symptoms of a Brain Injury in a Child
Symptoms of a brain injury can vary depending on the child's age and the location and severity of the injury. Some symptoms appear immediately, while others may become noticeable as a child develops.
Possible signs include:
Loss of consciousness
Persistent headaches
Nausea or vomiting
Seizures
Dizziness or balance problems
Difficulty concentrating
Memory problems
Changes in mood or personality
Unusual irritability
Excessive sleepiness
Difficulty speaking or communicating
Problems with coordination
Vision or hearing problems
Weakness or reduced movement
Developmental delays
Difficulty learning or performing in school
In infants and very young children, symptoms may be more difficult to identify. Changes in feeding, sleeping, crying, alertness, movement, or developmental progress may indicate a potential neurological problem.
Any child with signs of a serious brain injury should receive prompt medical evaluation.
The Long-Term Effects of a Child Brain Injury
One of the challenges associated with pediatric brain injuries is that the full impact may not always be immediately apparent. As a child grows, increasingly complex cognitive, behavioral, and social skills are expected to develop. An injury suffered at a young age may affect those abilities later.
Potential long-term effects may include:
Cognitive impairments
Memory and concentration problems
Learning disabilities
Speech and language difficulties
Behavioral changes
Emotional difficulties
Motor impairments
Problems with balance and coordination
Seizure disorders
Developmental delays
Reduced independence
Difficulty with future employment
Children with severe brain injuries may require ongoing medical treatment and support throughout childhood and into adulthood.
Treatment and Rehabilitation for Child Brain Injuries
Treatment depends on the nature and severity of the injury. Emergency medical care may initially focus on stabilizing the child and preventing additional damage to the brain.
Long-term treatment and rehabilitation may include:
Neurological care
Physical therapy
Occupational therapy
Speech and language therapy
Cognitive rehabilitation
Behavioral therapy
Medication
Special education services
Assistive technology
In-home care and assistance
Additional medical procedures or surgeries
For children with permanent disabilities, families may need to plan for medical, educational, and personal care expenses that continue for decades.
Compensation for a Child Brain Injury
When a child's brain injury results from another party's negligence, compensation may be available for both immediate and future losses associated with the injury.
Depending on the circumstances of the case, damages may include:
Past and future medical expenses
Rehabilitation and therapy
Specialized educational services
Assistive devices and medical equipment
Long-term personal care
Future loss of earning capacity
Pain and suffering
Permanent disability
Loss of enjoyment of life
Other damages available under applicable law
Because children with serious brain injuries may require care for the remainder of their lives, evaluating future damages can be particularly important. Medical professionals, rehabilitation specialists, life-care planners, economists, and other experts may be needed to determine the child's anticipated long-term needs and costs.
When Is Someone Legally Responsible for a Child's Brain Injury?
A serious injury alone does not necessarily establish negligence. Generally, a personal injury or medical malpractice claim requires evidence that another party failed to exercise the appropriate level of care and that the failure caused or contributed to the child's injury.
Depending on how the injury occurred, potentially responsible parties may include negligent drivers, property owners, businesses, healthcare professionals, hospitals, product manufacturers, or other individuals or entities.
Child brain injury cases can involve complicated medical and legal questions. A thorough investigation can help determine what happened, who may be responsible, and what compensation may be available.
Contact a New Jersey Child Brain Injury Lawyer
A serious brain injury can affect a child's development, education, independence, and quality of life for years or even a lifetime. Families may also face substantial medical expenses and the challenge of determining how to provide for their child's future needs.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm helps families investigate serious injuries, understand their legal options, and pursue compensation when another party's negligence caused preventable harm.
If your child suffered a brain injury in an accident, during childbirth, or because of suspected medical negligence, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.
