Florida Child Injury Lawyer Blog

Although spinal cord injuries are a very rare occurrence among children (about 1000 incidences per year), the child personal injuries can be the worst kind of tragedy. For parents or guardians with a child who has spinal cord injuries it is important to know the typical mechanisms of injury and the child's special treatment needs.

In children under 8-years-old most spinal injuries are located in the neck region - this is because of the unique anatomy of children in this age group. Some warning signs are a disproportionately large heard, underdeveloped neck musculature and a much more flexible spinal column.

The spinal cord injury itself happens in two phases: the first, is the irrevocable force that actually injures the spinal cord; the second, is what happens afterward. The injury itself triggers a cascade of events that can cause further damage within the body. Types of further damage include but are not limited to: severe inflammation, shock, and changes in the immune system.

An X-Ray should be taken as soon as possible in order to determine, or at least to begin to determine, the extent of the injury. If a physician does suspect a spinal injury from the results of an X-ray further tests such as dynamic imaging studies, a CT scan, or an MRI should be performed.

If you would like to read more on this topic see Child Spinal Cord Injuries - Signs and How to reduce their damage.

In Cocoa (Brevard County), Florida, a day care worker (Rondalyn Dixon) was arrested for leaving a 19 month child unattended in a hot day care van. It was reported that the child was left in the vehicle for about 15 minutes. When deputies from the Brevard County Sheriff's Office arrived, the temperature was 102 degrees. Leaving a small child in a van in the brutal summer heat of Florida can lead to tragic consequences and even death to some children. See Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida. Day care centers throughout Florida and the rest of the United States need to go back to the basics when transporting children. Simply stated, make sure all children are properly on the bus / van and make sure that all children properly depart or are removed from the bus / van. The best way to protect children is to have written policies in place, have checklists in place, and follow them every time. When a bus driver departs a bus / van at the end of a run, the bus driver should check every seat and part of the vehicle to make sure that all children have exited the bus. Checking and double checking a simple checklist can and will save lives and prevent personal injuries to children . . . it will also keep day care providers from being arrested for neglect charges in leaving a child unattended in a day care bus or van.

You can read more about the arrest of the Cocoa, Florida day care worker at Child Forgotten in Hot Day Care Van - Worker Arrested. See also Day Care Center Transportation - Driver's Logs Can Save Live and Preventing Deaths to Children in Hot Cars: What Can Florida Day Care Centers Do to Prevent These Wrongful Deaths?

Florida is a warm weather State. Better stated, Florida is a hot weather State that offers many attractions like beaches and theme parks. Florida's hot weather also presents dangers to children left in hot vehicles during all times of the year especially Summer months. The death of Haley Brockington who was left in a day care center van illustrated the dangers of Florida's weather combined with the inattention of staff along with the lack of policies and procedures or the failure to follow adequate policies and procedures. See Why Did Haley Brockington (Age 2 1/2 Years Old) Die in Katie's Kids Learning Center Van? Legal Rights and Responsibilties See also See also Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida.

Here are some general tips for Florida day care centers and all other transporters of children to consider to make sure that a child is not left unattended in a hot car in Florida:

1. Never leave a child alone in a hot vehicle. A 5 minute visit to the store can easily turn into a 25 minute visit which an mean the difference between life and death for some children.

2. Have a checklist of that is consistently followed at the end of any transport of children. Double and triple check the list to make sure that every child is removed from the vehicle, bus, or van.

3. Put an item like a stuffed animal or other object in the back of the vehicle, bus, or van. This will serve as a reminder to check all parts of the vehicle and make sure that all children are removed from the vehicle. If you did not bring the stuffed animal to the front of the vehicle or in with you, you did not check the vehicle thoroughly.

4. Train and instruct all transporters of children as to the dangers of leaving a child in a vehicle. Ignorance is rampant as to the dangers of leaving a child in a hot car. Make sure that the driver and other transporters of children understand and recognize the risks and are instructed to never ever put a child at danger.

5. Have a written policy and procedure in place that must be followed each and every time that a child is transported and follow it consistently.

In Florida, children are at risk for hyperthermia type of injuries year round due to the warm weather throughout the State. There have been a number of reported incidents of personal injuries, death, and prison time resulting from hyperthermia incidents in Florida. Michael J. Mooney wrote an excellent article posted in the Broward - Palm Beach - New Times Blog titled For Parents Who Leave Children to Die in Hot Cars in Florida - Punishments Vary Widely. Prison time and punishment varied across the State of the Florida for these type of incidents. For instance, Miami Dade County reportedly prosecuted every case while counties like Sarasota County did not. Each case and incident should be evaluated on its own facts.

Parents, babysitters, and other child care providers should read this articles and others to learn about the terrible dangers and tragic deaths that have resulted from leaving a child in a hot car in the State of Florida. The safety and welfare of a child should always take precedence over convenience and other pursuits. See also Death Results from Leaving Children in Cars in Florida. and Don't Leave Children in Vehicles to Go Grocery Shopping - It Is Dangerous to Children and Can Get You Arrested.

In Florida, boating is an activity and hobby enjoyed by many people. Unfortunately with many outdoor activities like boating, there are dangers and risks that can lead to serious personal injuries, and in come cases death. One risk associated with boating activies is related to carbon monoxide poisoning. Boats with cabins and sleeping quarters are often times equipped with a generator to power the boats electricity and air conditioning unit. A properly maintained and installed generator that is positioned correctly on the boat can provide boat owners and guests with the comforts and convenience provided by electricity and air conditioning while docked or anchored offshore. An improperly installed and/or malfunctioning generator can actually cause personal injuries and, in fact, can lead to the death of an unknowing occupant of the boat. The Associated Press reported that a couple (Sandra Lupton and Howard Lupton) died as a result of carbon monoxide poisoning in the sleeping quarters/cabin of a Baja Cruiser (29 foot). The couple's boat was anchored offshore at Ponce Inlet (disappearing island). Tragically, the couple was discovered by their son. You can read more about this story at Florida Medical Examiner reports that Carbon Monoxide Poisoning Caused Death of Boaters from Palatka Florida.

It is expected that an investigation will be conducted as to the equipment and maintenance on this boat and what steps, if any, could have been taken to avoid this most unfortunate tragedy. this story shows the importance of boating safety as to all aspects of the boat, including but not limited to, the generator and electrical system.

Dealing with a possible situation of child abuse or child neglect presents physicians with many ethical dilemmas: How should the doctor properly screen the child for child abuse or child neglect? How does the doctor confront the parents when the doctor suspects signs of child abuse? Does the physician inform the parents of his or her obligation to report the suspected abuse to authorities?

Physicians often experience feelings of reservation and hesitation about continuing a professional relationship with parents while simultaneously suspecting child mistreatment. All 50 states have laws that mandate physicians to report cases where suspicions of child abuse exist. A "suspicion" is not an accusation but merely a request for further investigation. On one hand, failure to report could result in charges being filed against the doctor. One the other hand, doctors are reluctant to report because they know the family well or do not want to make the parents angry. Also, some doctors are unwilling to believe that child abuse or neglect is present even though an estimated 2,000 deaths per year are caused by abuse or neglect.

Although it is often difficult, physicians should inform parents of their obligation to report suspicions of abuse or neglect. The American Board of Pediatrics has published methods for doctors faced with these issues to help ease the tensions. In November 2009, the Board offered its first certification examination in the pediatric sub-specialty, child abuse pediatrics. In addition to being leaders in education about violence, child abuse physicians are skilled in diagnosis, intervention, interdisciplinary evaluation and case management. Child abuse physicians are not the only resource available. There are many other qualified physicians whose expertise and experience are comparable to board certified physicians. These specialists are able to answer questions, provide consultation and manage and follow cases through the demanding legal process. To read more about this topic see Physicians face ethical dilemmas when dealing with suspected cases of child abuse.

The first priority is the physical health of the child and restoration of a child's health in emergency situations. After the child's medicals needs have been met, physicians can take the next step of reporting the case to the nearest child abuse evaluation center so an investigation can be prompted. Although reporting cases of abuse may place the parties involved in uncomfortable circumstances, the child's safety and well-being are superior. Child abuse and child neglect are serious offenses and should be reported as soon as possible.

In Florida and other States, there is a health issue out there that affects every community. It is teen and child obesity. With a fast food restaurant and convenience store on every corner in commercial districts, it has been far too easy for parents and children alike to get to and eat unhealthy foods loaded with fat and carbohydrates. This combined with the inactivity involved with sedentary pursuits like video games, Facebook, Internet, texting, and watching television has led to teen and childhood obesity. Michelle Obama has been a spokesperson against teen obesity and a proponent of healthy eating and living for children. It is a tough issue to tackle and address since the problem is so widespread. You can read more about this topic at Michelle Obama Reveals Goals of Childhood Obesity Task Force.

In warm weather States like Florida, it is extremely dangerous to leave a child unattended in a vehicle especially during warm Spring months and brutally hot summer months. Children are vulnerable to hyperthermia if left in a hot car even for a few minutes. See also The National Highway Traffic Safety Administration (NHTSA) Issues Consumer Advisory as to Hyperthermia (Leaving Children in Hot Cars Is Dangerous) Many parents leave a child in a vehicle to run an errand or to go grocery shopping. In addition to hyperthermia dangers, a child is at risk for wandering away, abduction, getting harmed in the vehicle, and / or getting harmed by others. In Manatee County, Florida, a mother was recently arrested because she left her child in the vehicle while she went grocery shopping. The mother stated that she had forgotten that the child was left in the vehicle. Don't forget children in vehicles and don't purposely leave children in vehicles. Either way and for whatever reason, leaving a child unattended in a vehicle can lead to child personal injuries and even death in some instances. It can also land a parent, day care provider, and child care provider in jail. You can read more about this story at Manatee County, Florida Mother Jailed for Leaving Child in Car While Grocery Shopping.

Shaken Baby Syndrome injuries can last a lifetime and even result in the death of a child immediately. In some cases, the child survives only to live a life challenged by brain damage resulting from Shaken Baby Syndrome. In the case of Christina Welch, she survived for 19 years with severe brain damage from being shaken by her father when she was just two months ago. When she died, an autopsy determined that Christina died from complications from severe brain damage / Shaken Baby Syndrome. Thereafter, the father was charged with her death. He later pled no contest to charges of Second Degree Murder and was issued a 15 year prison sentence. The father initially (19 years ago) received a 1 year prison term. When Christina died, the case was re-opened and charges were brought for her wrongful death.

Parents, child care providers, teachers, and others involved with the supervision and care of children should pay close attention to stories like this one. One bad act or incident can lead to years of disability and suffering by a child. You can read more about this story at Father Guilty Again When Child Dies Two Decades Later.

The Florida Board of Medicine suspended / revoked the license of Matthew Kachinas following an incident in which he aborted the wrong fetus during a procedure. The patient was pregnant with twins. Studies indicated that one of the twins had congenital defects. The other twin appeared normal. The woman was 16 weeks pregnant at the time of the procedure. Tragically, the doctor aborted the wrong fetus. You can read more about this story at Florida Doctor Terminated Wrong Fetus and Loses his Medical License.

Babies continue to suffer serious personal injuries as a result of Shaken Baby Syndrome. Parents, caregivers, baby sitters, day care providers, and child care providers should never shake a baby as a form of discipline or as a measure to quiet a child. It is well known by pediatricians, neurologists, and other medical providers that shaking a baby can result in a serious child personal injury including:

*traumatic brain injury;
*brain swelling;
*brain damage;
*subdural hematoma (bleeding);
*mental retardation;
*developmental delays;
*vision problems / blindness;
*hearing loss;
*paralysis;
*learning disabilities; and
*death.

(See Shaken Baby Syndrome Goes Beyond the Family.)

Babies and infants will cry and become fussy. Keep this mind when caring for a child. Also, keep in mind that babies and infants are very fragile. This is especially true as to the development of the brain. Do not put a child at risk by shaking the child.

If a child has suffered serious personal injury as a result of being a victim of Shaken Baby Syndrome, the incident should be reported to the local police and the Department of Children and Families. In addition, the child may benefit from legal representation by a Florida Child Injury Lawyer if there is insurance or other means to obtain compensation for the child's past medical expenses and future medical expenses for therapy and education.

Holidays are a time for family run, recreation, and sports. . . . They are also a time in which child suffer injuries ranging from minor child personal injuries (cuts, scratches, and minor bruises) to significant child personal injuries (fractures, brain injury, and death). A study completed by the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio studied data from approximately 100 emergency room departments to determine the number and frequency of injuries resulting in emergency room treatment during holiday time periods. The study reported 5.7 million child holiday related injuries during the time period from 1997 - 2006. You can read more about this study at Labor Day Tops List of Holiday Related Child Personal Injuries.

When children are out of school or formal supervised activities, parents should be diligent in their supervision of children. It is well known that many children lack safety awareness and often times have poor safety judgment when engaged in recreational and sports activities.

While not all child personal injuries can be avoided since accidents do happen, we should all do all part to supervise children and step in when there is a potentially dangerous situation or activity engaged in by children.

Small children are at risk for choking on every day foods. In particular, choking risks are increased with hard objects like candy, hot dogs and carrots. Because of the development of child and the size of their airways, parents, day care providers, and other child care providers should be observant of what the child eats and be ready to address any potential choking hazards or incidents.

Vincent Iannelli, M.D. - an author and Board Certified Pediatrician, wrote an excellent article that provided a list of foods and objects that pose a choking risk for children. (See Choking and Choking Hazards for Children) The list included the following:

-hot dogs
-popcorn
-peanuts
-raw vegetables
-whole grapes
-large cubes of cheese
-hard candy and gum
-soft candy like caramel
-coins
-marbles and small balls
-parts of balloons.

Child care providers should be careful to supervise what is given to a child and what is accessible to a child. A bag of grapes or carrots left in a purse on the floor can easy lead to tragedy and personal injuries to a curious child.

In Florida, parents have a choice when it comes to pediatricians. It is important for a parent to do research and due diligence before selecting a pediatrician. Ask about the pediatrician's background, training, and experience. Take a look at the pediatrician's website. It is also helpful to review the Department of Health website located at www.doh.state.fl.us - This website provides background history and education for the pediatrician. Make sure that you are comfortable with your pediatrician. Your child's health and welfare are paramount. As such, the selection of a solid pediatrician should be well thought out and researched. You can read more about this topic at Selecting a Pediatrician in Jacksonville, Florida.

A Center for Disease Control and Prevention (CDC) report indicates that children 4 and younger constitute a high risk group for traumatic brain injury (TBI). A TBI can result from a sudden blow, trauma, or jolt to the brain. TBI injuries account for approximately 1/3 of all injury or accident related deaths in the United States. For teenagers ranging from the ages of 15 to 19, the mechanism of the injury or the TBI is an automobile accident. For small children, a TBI can result from a fall at home or on a playground. If a child has suffered a TBI, timely medical treatment and intervention is essential. Signs or symptoms that a child has suffered a TBI (Traumatic Brain Injury) include the following:

drowsiness that is sudden;
problems being alert;
problems recognizing places or people well known the child;
irritability or whining;
numbness;
vomiting; and
neck pain.

Of course, some of the above symptoms can be merely related to the child's mood or lack of sleep. This makes it even more difficult in many instances for parents to timely recognize and respond to the symptoms of a TBI. If there has been an incident or a change in your child, consult with your pediatrician or other health care provider for a proper and timely diagnosis.

You can read more about traumatic brain injuries at CDC Report - Traumatic Brain Injuries - Risk to Children.

The Florida Poison Information Center, located on the campus of Shands Jacksonville Medical Center at the University of Florida, is a twenty-four hour resource for Florida parents to protect their children. The center serves forty two Florida counties and the Virgin Islands and fields around sixty seven thousand calls each year.

All emergency calls are answered by specialists such as nurses, pharmacists, or physicians trained in the latest poison assessment and management methods. All specialists must pass a national exam to earn the certification required to answer the phones.

According to experts at the center, nine out of every ten calls they receive involve a child under the age of six. The most common causes of poisoning for children are cosmetics and other personal care products, household cleaners, medical ointments and medications. Thanks to the hotline, nine out of ten callers can resolve the issue at home and avoid a trip to the hospital. Overall child deaths from poisoning have been reduced eighty percent in the last fifty years.

Parents, grandparents, babysitters or others who may have a child present in their home need to inspect their home for poisonous materials very carefully. Most people do not think of cosmetics as poisonous, but they can be very attractive to young children and harmful if swallowed.

The Florida Poison Information Center is a wonderful resource for Jacksonville parents and child caregivers. The service can be reached at (800) 222-1222.

Read more about possible poisons and the efforts of the Florida Poison Information Center at Poison control: Jacksonville's busy center.

In Florida and other States, teens often show poor judgment when making decisions that could have a permanent effect on their life or put their health, safety, and welfare in danger. Tanning salons may present a health risk to minors. Like with anything else, it has to do with overuse, misuse, and improper use. In Florida, a minor must obtain written consent from a parent to go to and use a tanning salon. There is some talk about making these laws more strict by requiring a parent to actually attend each session and / or to restrict the use of the tanning salons to a certain age.

Tattoos can be dangerous if done improperly and if universal precautions are not followed as to the equipment. In addition, a tattoo can and often times does have a permanent effect on a person. Yes, there are procedures now in place to remove tattoos but there are still risk of deformity and scarring even with modern science. This especially applies to sensitive areas of the body like the hands, neck, and face. In Florida, a minor cannot get a tattoo without the signed and notarized consent of a parent. The consent is required but the attendance of a parent is not required. Georgia has a more stringent law that prohibits the tattooing of any person under the age of 18 years old. Of course, there are ways around this law like driving to Florida or another State where the laws are not as strict.

Special laws are in place for tattoos and tanning salons because teens often lack good judgment. Peer pressure can also play a role. Tattoo parlors and tanning salons have a duty to follow the law on these matters. You can read a good article about these issues at Tattoos and the Power of the Parental Veto in Florida.

I recently wrote a blog article about a Jacksonville, Florida two year old girl who was wounded during a drive-by shooting while playing outside at a children’s birthday party. Police have revealed that the child’s mother has admitted that there was no drive-by shooting. She has now been charged with giving a false police report.

It turns out that it was another child at the party who accidentally shot Jontasia Marielle Miller, according to Tom Hackney of the Jacksonville Sherriff’s office. Jontasia’s mother, Whitney Shamone Toliver, told police she made up a story that a drive-by shooting took place, which she earlier claimed involved a white sedan. Police have called off the search for the car.

The other children present at the party were all under six years old. The shooter has not been identified, and no further details have been released by police, except the fact that the gun accidentally fired by the other child at the party has not been recovered. Jontasia suffered wounds to her hand and buttocks from the shooting and was treated at Shands Jacksonville Medical Center.

Once the gun is recovered, the gun’s owner may be help responsible for not keeping it out of reach of children. Read more about this accidental shooting of a child by another child and the attempted cover up at LAW & DISORDER: Mom admits drive-by shooting story was false.

If your child has been injured due to someone else’s negligence, it makes sense to contact a Florida child injury lawyer to determine the rights of the injured child.

Clay County (Florida) Sheriff's Office executed search warrants that revealed three methamphetamine (meth) labs in three different Clay County locations recently. One location was a storage unit on Blanding Avenue in Orange Park, Florida, outside of Jacksonville; the other two were homes that are also located in the Orange Park area.

According to reports filed by the Clay County Sheriff’s Office, three small children were found in the meth labs in two of the three searched locations. One of the children was a five month old infant.

The report goes on to describe the dangerous nature of meth production the labs were using, called the “one-pot method.” The report called it “extremely volatile and flammable” and certainly not an appropriate environment for a child. Both of the infant’s parents were present at the lab and were arrested; the child was taken into the custody of the Florida Department of Children and Families.

All of the people present at the three labs were arrested and taken to the Clay County Jail. The extent of the children’s exposure to meth fumes or their injuries is unknown at this time. Small children are vulnerable to all sorts of environmental elements that can harm their growth and development. Parents must take care not to expose their children to unnecessary risk.

Read more about the discovery of three children at Orange Park, Florida meth labs at Clay meth labs busted: 5-month-old infant present at one of the sites.

The federal government is considering a ban on junk food in public schools; the purpose of the ban is to help keep children from becoming obese. The ban would prohibit sugar loaded sodas, candy bars, pastries and salty snacks from being sold on school property. If the ban goes through, all public schools in the United States will have to replace sodas in the machines with healthy alternatives like water and juice.

While the ban may make sugary snack less available to Florida kids, it may also have a huge impact on lucrative vending contracts that Jacksonville, Florida schools districts use to support athletic programs and other extracurricular activities. It is unclear if kids will want to pay as much for healthy alternatives as they do for sodas.

Last year the Duval, Clay and St. Johns county school districts made $2.4 million in extra cash through exclusive beverage contracts with PepsiCo. School officials are very worried that they would not be able to make up such a large loss through other means.

While health officials applaud the efforts to remove junk food from schools, many of the soda companies have put up little resistance, presumably because most of them also bottle juices and waters that they can sell in place of their less healthy beverage options. Read more about Florida school contracts with the major beverage companies and plans to cut back on junk food in campus vending machines at Federal ban on junk food, sodas in schools could impact First Coast deals.

If your child has been injured due to negligence or a defective product, please contact our firm for business legal counsel.