Frequently Asked Questions About Child Injury Law

Yes, it is very important to consider the age of the child at the time the child suffers a fractured bone. Fractured bones in infants is usually related to child abuse unless there is a disease of the bone itself. Some authorities think that spiral fractures are highly suspicious for child abuse, but it is important to remember that transverse fractures may also occur in child abuse cases. Fractured bones in non-mobile children and infants is an indicator of child abuse.   

Major traumatic child abuse may involve spinal fractures. Spinal injuries usually involve injuries caused by hyperflexion and hyperextension that happens with shaking and blunt trauma. Infants suffer spinal injuries more frequently than children of any other age group. The presentation of spinal injury in an infant is indicative of child abuse when no reasonable mechanism of injury is known to have occurred.   

The second most common type of fracture that occurs in child abuse cases are skull fractures. No fracture type is 100% diagnostic of child abuse. The injury must be evaluated within the context of the child's developmental stage, the physical injury and reported mechanism of injury. Complicated skull fractures and skull fractures that cross the midline are more likely the result of child abuse than simple skull fractures that correlate with witnessed mechanism of injury.   

Lead poisoning is considered a brain injury, although it can affect many of the body's systems depending on each case, according to Dee Tipton, the coordinator for the Lead Poisoning Prevention Program in Clinton County, Ohio.  As one of the more common forms of brain injury in children, lead poisoning inflicts approximately 250,000 U.S. children ages one through five with blood lead levels that require public health actions (according to the CDC).  Tipton also reports that many of these brain-injured children do not display signs or symptoms of lead poisoning until age 4 or 5 (even if they suffered lead poisoning as infants), the age at which behavior or learning problems become noticeable. 

Such learning or behavioral problems demonstrate the fact that lead poisoning is a brain injury, an injury that can lead to learning disabilities for children.  If you believe that your child may have suffered from lead poisoning or any other brain injury, feel free to contact child brain injury attorney Chris Keane with your most pressing questions. After spending years as an advocate for children with head and brain injuries, he has worked with the best medical experts in the field, and he will consult with you for free regarding your unique situation. 

For more information on lead poisoning in children, testing, and long-term effects, click here.

Contact Chris Keane online or call 1-888-592-KIDS (1-888-592-5437).

Currently, the answer is a positive "maybe."  According to the Ivanhoe medical news website, researchers are hoping that amino acids will treat the brain damage from TBI (in children and adults) that affects cognitive functions.  The site reports that the "leading cause of death and disability in young children," traumatic brain injury, can negatively affect a child's memory, ability to learn, and other functions of the brain.  Currently, according to the site, there is no treatment available for the type of brain damage that results in such decline in brain functions.  Based on a study in which mice with brain injuries were fed amino acids, however, hope exists for the brain injury victim suffering from the above-described symptoms. 

Specifically, the mice were given three BCAAs (branched chain amino acids) in their drinking water.  As a result, the BCAAs (leucine, isoleucine, and valine) contributed to the restoration of the mice's cognitive abilities.  Reports neuroscientist Dr. Akiva S. Cohen, "dietary intervention" can "improve cognitive performance" while restoring a "proper balance of neurochemicals" in the part of the brain that is injured, based on the results of the study.  Earlier studies conducted on humans give credibility to the recent report:  people with severe brain injuries who received BCAAs intravenously showed mild improvement.

As an advocate for injured and abused children who have suffered brain damage, Chris Keane narrows his legal focus to representing children and only children.  Such a narrow focus has given him the opportunity and experience of working with the best medical experts in the field of child brain injury.  If you have questions regarding pediatric traumatic brain injury or child head injuries in general, contact Chris Keane online or at 888-592-KIDS for free answers and advice unique to your specific situation.

There are several general types or categories of child maltreatment. The types or categories of child maltreatment include emotional, physical, sexual abuse, and neglect.
Emotional abuse includes patterns of behavior that destroy the emotional development and self-esteem of a child. Emotional abuse involves lack of attention, love, guidance and verbalization of threats and insults.  
Physical abuse include acts of commission and proactively engaging in activity that is intended to cause physical harm to the child.  
Sexual abuse involves the sexual exploitation of a child by an older child or adult. Sex abuse involves sexual acts inflicted or forced upon a child for exhibitionism, child pornography, prostitution, profit or sexual stimulation. Sexual contact involves anal or vaginal penetration of a child with objects or body parts. It also involves inappropriate touching, kissing and fondling. 
Neglect generally involves acts of omission. It is the failure of a parent or caregiver to meet basic needs of a child including lack of education, healthcare, nutrition, clothing, supervision, safety and shelter.

CAPTA is a federal law that supports individual state programs which focus on the identification and prevention of child abuse through community-based, preventative and public awareness programs. The goal of CAPTA is the provision of comprehensive care to victims, or potential victims, of child abuse with the integration of services provided by a variety of agencies; including legal, educational, mental health and social service organizations.   

Yes, children with disabilities are two-times more likely to be victims of child abuse, or child maltreatment, than children with no disabilities.

There are both direct and indirect costs imposed on society as a result of child abuse and child maltreatment. Child maltreatment and child abuse directly increases the incidence of infant and child mortality. Child abuse increases the need for special education programs, protective agencies and services, foster care services, juvenille and adult criminal agencies, jails and psychiatric services. Prevention of child abuse not only lowers the overall burden to society but reduces criminal activity in communities.     

The conceptual frameworks that enhance understanding of child abuse, as outlined by some child abuse experts, include the epidemiological and ecological frameworks.

Briefly, the epidemiological framework describes both long-term and short-term consequences of child abuse on normal childhood development. Individuals that grow up in abusive environments suffer from social dysfunction that prevent them from interpreting their environment with healthy coping skills. Child abuse is perpetuated in families because abused children are at increased risk to grow up and become abusive adults. Circumstances that contribute to child abuse include dysfunctional child-rearing styles, lack of available social support systems, dysfunctional stress management styles, and nature of parent-child relationships. 

The ecological framework describes how child abuse occurs when parent-child relationships are dysfunctional. The likelihood of child abuse increases during stressful family situations. Child abuse is more likely to occur when parents with histories of victimization from child abuse encounter stress and increased conflict.