Children with Traumatic Brain Injuries

So many events can compromise the health and well-being of our children. One such event is when a child sustains a traumatic brain injury as the result of birth trauma or post-natal trauma including playground accidents, car and truck accidents, sports injuries or other trauma. If your child has suffered a serious head injury in Connecticut, contact the law offices of Casper and de Toledo to schedule a consultation.

Interplay of Complexities in Brain Injury and Child Development

Brain injury in very young children can present very difficult hurdles in performing development assessment. The brain develops in five stages, with the largest percentage of development occurring in the early years (ages 1-2). If the brain is injured during peak development, the consequences of the brain injury may not be truly reflected until ages 11-13, when the frontal lobes are growing and developing rapidly. That is the best time to measure damage effectively by comparing the injured child from a developmental standpoint to his or her chronological peers.

Birth Injury is Cause for Preparation for Special Needs for a Lifetime

Pre-natal or birth injury usually results in the child receiving prompt health care intervention and the family can and should be prepared for a lifetime of special needs of the child and the family.

But Brain Injury of a Young Child Blindsides a Family

On the other hand, post-birth brain trauma often leaves the patient and family reeling with uncertainty; these families need proper guidance for the unique challenges that must be confronted. Aside from the most important priority of obtaining the best health care for the injured child, there are a host of other considerations.

Confronting the Consequences of Overwhelming Stress

There are the challenges that confront the family unit not only with regard to care for the child but also as the liaison between caregivers and teachers as family members are relied upon to communicate issues and problems. The family often also comes under incredible stress that should be addressed, often with professional assistance.

Brain Injury and Special Education Needs

Another challenge to dealing with the aftermath of a pediatric traumatic brain injury is in the educational arena. Some children with brain injuries require residential treatment, but the vast majority of children with traumatic brain injury return to the community and their previous educational environment. However, such a transition may not be smooth depending upon the nature and severity of the traumatic brain injury. Even a brain injury categorized as a mild traumatic brain injury can have devastating consequences to a child’s school performance as various cognitive functions may be impaired. These include but are not limited to memory, concentration, and processing and behavioral skills.

The Need for Communication among All who Guide Children with Brain Injuries

It is imperative that there be adequate communication among health care providers, parents, and school officials to identify, treat, and cope with such problems. Special academic programs may be required and the child may be entitled to an Individual Education Plan (“IE”) as a matter of federal law (Individuals with Disabilities Education Act, also known as the “IDEA”). The injured child may require special programs and services such as physical therapy, speech therapy and occupational therapy; he or she may also need individualized classroom attention including an aide; teaching practices may need to be adapted; curriculum may need to be altered and the child may be entitled to extra time to accomplish assignments and tests including standard tests such as the SATs.

Turn to Health Care Providers for Guidance

A family in need can turn to many resources. A natural beginning point is the child’s health care provider(s). Also, there are state and national brain injury associations, academic advisors, lawyers who specialize in educational needs (not necessarily the same as lawyers who might handle an accident claim). For a more expansive discussion of the subject we recommend for your reading a very informative article entitled Pediatric traumatic brain injury: a review of pertinent issues written by Ronald C. Savage et al and published in the journal Pediatric Rehabilitation, April 2005: 8(2): 92-103. This article may be available through the medical library of your local hospital or medical school. You could also find it by going online or by contacting a lawyer who handles traumatic brain injury/ contacting the publisher.

Consider the Experience of Traumatic Brain Injury Lawyers

Here at Casper & de Toledo, our trial attorneys are experienced in handling the delicate problems confronted by patients of all ages who have suffered brain injuries. We can assist you during your period of need and guide you to the proper health care, community, and educational resources.

To schedule a consultation on legal aspects of your child's brain injury, contact us.