The following is a guest post by Chicago wrongful death attorneys at Dolan Law Offices:
On January 10, 2010, the Massachusetts Appeals Court upheld a lower court verdict in a case involving child brain injury. Hilda, the child involved in the case, suffered a shearing brain injury which medical professionals identified as a result of significant traumatic force.
Hilda was taken into protective custody and placed into foster care. Hilda’s biological parents had challenged that the evidence available did not support the claim that Hilda’s brain injury had resulted from an intentionally inflicted trauma, abuse or an injury sustained as a result of negligence, and that they were fit to care for her. It should be noted that this case did not turn on the question of whether or not Hilda’s parents had, in fact, abused her. Rather, the question at issue was whether or not Hilda’s parents were fit to care for Hilda.
The judges concluded that Hilda’s parents were not fit for a number of reasons including their continued denial that Hilda had suffered inflicted injuries or that her brain injuries could have been prevented as well as their inability to understand the complexity of her medical conditions. Further, neither parent was able to develop a plan to provide for Hilda’s medical needs nor were they able to show that they were making any effort to improve their understanding of these needs, attending support groups or parenting courses.
Child brain damage cases like Hilda’s are far too numerous. Regardless of whether the brain injury is the result of intentionally traumatic behavior (such as shaking), the result of negligence (such as a fall), an auto accident, playground accident, interaction with defective products or a near drowning, legal action can and should be taken on behalf of the child.
In Hilda’s case, the courts moved to protect her and provide for her the best possible opportunity to live a healthy, happy life. The courts found that she was happy with her foster parents and that her foster mother had the skills and resources necessary to care for her. According to the social worker assigned to Hilda, she appears happy and has bonded with her foster mother.
Just like Hilda, child brain brain injury victims cannot fend for themselves. They need the help of social workers, doctors, the courts and brain injury lawyers to protect them.
Dolan Law Offices is a personal injury and wrongful death law firm in Chicago. Its experienced lawyers are committed to providing excellent legal services to clients within Chicago and throughout the entire state of Illinois.
Dolan Law Offices
10 South Lasalle Street #3712
Chicago, IL 60603
(312) 676-7600
