Children Brain Injury Lawyer

brain injury attorney

Sustaining a traumatic brain injury (TBI) can have disruptive and lifelong effects on a person’s health. When a child is the victim of a TBI, swift treatment is essential to prevent the most severe consequences. However, children may have difficulty communicating their symptoms, and these symptoms are often different than those in adults. As such, recognizing signs of TBI in children is crucial for caregivers.

If your child has suffered a TBI, the Oklahoma personal injury attorneys at Cain Law can help you file a compensation claim. Contact us today for a free consultation.

Common Causes of TBIs in Children

According to a recent Centers for Disease Control (CDC) study, just over 3 percent of children under the age of 18 have sustained some form of traumatic brain injury during their lifetime. Head injuries happen in many different ways, but some of the most common causes of pediatric traumatic brain injury include the following:

  • Slip and Fall Accidents – Children can suffer TBIs from falling and hitting their head on a hard surface. This can happen from slipping on wet or uneven surfaces, falling from playground equipment, or tumbling down stairs.
  • Motor Vehicle Accidents – Car crashes can cause severe head trauma to children. The impact of a collision can cause the child’s head to slam against the vehicle’s interior or be struck by flying objects, which can result in a severe traumatic brain injury.
  • Pedestrian Accidents – Many pediatric traumatic brain injuries occur when children are struck by motorists while walking to and from school.
  • Bicycle Accidents – Children riding bicycles are at risk of TBIs if they fall and hit their head on the ground or collide with a vehicle or stationary object.
  • Swimming Pool Accidents – Children can sustain TBIs from diving into shallow water, hitting their head on the bottom or side of the pool, or from near-drowning incidents that deprive the brain of oxygen.
  • Defective Products – Faulty or poorly designed products, such as toys or car seats, can lead to brain injury in children. For example, a defective high chair or booster seat that tips over can cause a child to fall and hit their head on the floor.
  • Playing Sports – Contact sports like football, hockey, and soccer pose a risk of TBIs in children. Concussions can occur from collisions with other players, falls on the field or court, or being struck by sports equipment.

After a traumatic event, it is crucial to seek immediate medical attention. Then, contact an experienced personal injury lawyer who can investigate your case and determine who is at fault for your child’s injuries and should pay for their medical expenses.

Common Types of Head Injuries

According to Johns Hopkins University, head injuries in children tend to fall into three primary categories: concussions, contusions, and skull fractures.

Concussion

A concussion is a mild traumatic brain injury caused by a blow, bump, or jolt to the head that disrupts normal brain function. Concussions are the most common type of mild TBI in children. Symptoms may include headache, dizziness, confusion, memory problems, and changes in mood or behavior. While most children recover fully from concussions, it is crucial to allow proper rest and follow medical guidelines to prevent further injury. Even a mild head injury can lead to serious complications if the condition is not diagnosed promptly and safeguards are not put in place to prevent further injury.

Contusion

A cerebral contusion is a bruise on the brain tissue caused by a direct impact to the head. Contusions can cause localized bleeding and swelling in the brain, leading to more severe symptoms than concussions. Children with contusions may experience prolonged loss of consciousness, seizures, slurred speech, and weakness or numbness in the limbs. Prompt medical attention and an accurate diagnosis are necessary to monitor and treat contusions and prevent long-term changes in your child’s brain processing.

Skull Fracture

A skull fracture is a break in the cranial bones that surround and protect the brain. In children, skull fractures can occur from high-impact events like falls from significant heights, car accidents, or direct blows to the head. Symptoms may include visible deformity of the skull, bruising or swelling at the impact site, and clear fluid or blood leaking from the nose or ears. Skull fractures require an immediate medical evaluation to determine the extent of the injury and any damage to the underlying brain tissue.

Signs of a Traumatic Brain Injury

If your child suffers a blow to the head, it is always worth visiting a medical professional to get any traumatic brain injuries diagnosed as early as possible. Take them in for emergency treatment immediately if your child’s symptoms include the following:

Physical Signs

  • Loss of consciousness
  • Headache that worsens or persists
  • Nausea or repeated vomiting
  • Fatigue or drowsiness
  • Problems with speech
  • Balance problems
  • Dizziness or disorientation
  • Numbness or weakness in the arms or legs
  • Dilated or uneven pupils
  • Clear fluid or blood draining from the nose or ears

Behavioral Signs

  • Unusual irritability or fussiness
  • Persistent crying and inability to be consoled
  • Changes in eating or sleeping habits
  • Loss of interest in favorite toys or activities
  • Mood swings or personality changes
  • Increased anxiety or emotional outbursts

Cognitive Signs

  • Difficulty concentrating or remembering
  • Confusion or disorientation
  • Slowed thinking or reaction time
  • Repeating questions or statements
  • Trouble following instructions
  • Appearing dazed
  • Losing recently acquired skills (in younger children)

Some signs of a pediatric TBI may not appear immediately and can develop hours or even days later, so continue to carefully monitor your child well after the traumatic event.

What to Do If Your Child Has a Concussion

If you suspect your child has sustained a concussion, you should take them aside immediately to assess them. If they suffered a blow to the head during a sporting event or practice, they should not return to play on the same day of a suspected concussion. Take them for a professional neurological evaluation if you see any of the symptoms described above.

If your child suffered a minor head injury, take your child to their medical provider so they can be closely monitored and properly diagnosed.

Take your child immediately for a further medical follow-up if you notice any of the following traumatic brain injury symptoms:

  • Severe or worsening headache
  • Confusion
  • Difficulties staying awake or waking up
  • Repeated vomiting
  • Issues with speech or walking
  • Numbness, tingling, or weakness of the limbs
  • Changes in behavior or thinking

A concussion specialist can use magnetic resonance imaging (MRI) or a CT scan to diagnose a mild, moderate, or severe TBI in a child. Prompt medical attention may be able to prevent brain damage and some long-term complications. A moderate to severe TBI can result in mental status changes and a delay in developmental skills. Surgical intervention may be necessary to improve the odds of positive functional outcomes.

Diagnosing Traumatic Brain Injuries in Children

A concussion specialist can use magnetic resonance imaging (MRI) or a CT scan to diagnose a moderate or severe TBI in a child. Prompt medical attention may be able to prevent brain damage and some long-term complications. A moderate to severe TBI can result in mental status changes and a delay in developmental skills. Surgical intervention may be necessary to improve the odds of positive functional outcomes.

Conventional MRIs are not sensitive enough to detect microscopic damage. However, doctors are learning more about brain damage every year. Additionally, medical advancements in brain damage detection have increased significantly over the last few years, leading to more options for diagnosing brain injuries.
For example, diffusion tensor imaging (DTI) is a magnetic resonance imaging technique that makes it possible to detect and characterize white matter of the brain and to detect neurological abnormalities in children. DTI takes advantage of the fact that diffusion is equal in all directions in cerebral spinal fluid and cell bodies but greater in one direction than the other directions in axons that comprise white matter. Based on this information, medical providers viewing the images can infer information about the integrity of white matter, including the degree and direction of water diffusion.

Medical providers may also be able to use neuropsychological evaluations to assess a child’s cognitive functioning to diagnose pediatric TBIs. These assessments use standardized tests and procedures to examine a child’s thinking, behavior, and social-emotional functioning to identify cognitive strengths and weaknesses, assess changes in functioning, and guide treatment in cases involving brain injury and disease.

Another way to diagnose brain injuries is through a nystagmus test. Nystagmus is a type of involuntary eye movement. Eyes with nystagmus move from side to side, up and down, or in a circle in slow, fast, jerky, or steady movements. Videonystagmography records these eye movements to help diagnose brain disorders.

A new blood test has also recently been developed to test patients suspected of mild TBIs, including concussions. This test examines blood plasma and provides a result within 15 minutes of placing the plasma in the cartridge.

Cain Law can help connect you with medical providers who are qualified to diagnose TBIs in children.

Contact a Brain Injury Attorney at Cain Law Today

If your child has suffered a traumatic brain injury due to another party’s negligence, you may be eligible to recover compensation to pay for costs such as emergency treatment, surgeries, speech therapy, and physical therapy. Your child may also be eligible for significant compensation for pain and suffering and reduced quality of life.

The seasoned personal injury team at Cain Law has served injured individuals and their families in Oklahoma City for more than 25 years. Let us put our experience and skills to work for you. Contact us today for a free consultation to learn more about how we can maximize your compensation.