Florida Child Injury Lawyer Blog

When a child is injured at a Florida school or day care center, the parent is often faced with the challenge and pressures of obtaining and paying for medial care related to the injury. For children with health insurance in place, the parents are still required to pay co-pays and deductibles. For children without health insurance, the parents must deal with the challenges and burdens. Typically, it is more difficult obtaining consistent, affordable, and geographically close medical care when a child lacks health insurance.

When a child is injured due the negligence of a school or day care center, it is importnat for the parents to retain the services of a Florida Child Personal Injury Attorney for advise, consultation, and legal representation. There are many issue that an attorney can step in and assist the parents with including but not limited to medical bills.

Many schools and day care centers have liability insurance in place that have a medical payment provision otherwise known as Med Pay coverage in place that could be utilized to pay for medical bills regardless of the fault of the day care center or school. In other words, the parents do not have to prove that the day care center school is at fault but merely must show that the accident took place at the day care center school. Student accident insurance is also available for some students enrolled in a day care center or school. Some student accident insurance policies are purchased by the parent while others are purchased by the school by the day care center school.

When a child suffers an injury at a school or day care center, the parents should find out if there is Med Pay and / or student accident insurance in place for the benefit of the injured child. It is important for the parents to consult consult with an experienced attorney to get advice as to medical bills, medical payments coverage, student accident insurance, liability insurance, and other issues.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on day care center injuries, school injuries, automobile accidents, medical bills, damages & compensation, and other topics that parents or other concern person can obtain this book for free at The ABCs of Child Injury. The book was written by David Wolf, a child injury attorney and safety advocate. In addition to this book, Mr. Wolf is the author of the book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. The book - Florida Day Care Center Injuries - will be available in February 2012 on the Wood, Atter & Wolf Personal Injury Website.

Since 1957, Wood, Atter & Wolf, P.A. has represented the interests of injured children and their families. At Wood, Atter & Wolf, P.A., a voice is given to injured children when they need it the most.

In Florida, a child has rights to compensation when injured as a result of the negligence or fault of another person, business entity, school, or government. A parent may also be entitled to compensation / damages when a child is injured in Florida. Florida law is spelled out on this issue in the case of United States v. Dempsy, 635 So.2d 961 (Fla. 1994). One of the central issues in the case was whether a parent under Florida law could recover damages related to the loss of the child's society and affection when the child suffered a serious personal injury but did not die as a result of the injuries.

The case law and legal precedents concerning child injuries and recoverable damages can be quite complex and confusing. Because of this, it is helpful to have the advice, consultation, and representation from the Florida Child Injury Attorney on this matters. You also can read more about child injuries and rights of recovery as well as burdens of proof in the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive this book for free at - The ABCs of Child Injury.

In United States v. Dempsey, the parents were awarded monetary damages / compensation for injuries to their child that resulted in lifelong, severe mental retardation. The Supreme Court of Florida noted that a parent with a child (who was wrongfully and negligently injured due to the acts of others) had a legal right in the State of Florida to recover for the permanent loss of filial consortium resulting from the child's permanent injury. What is Filial Consortium? Filial Consortium is the A child's society, affection, and companionship given to a parent. These type of damages in a Florida Child Injury Case include the loss of companionship, society, love, affection and solace.

In the Dempsey case, the mother gave birth to a child at the Eglin Air Force Base in Florida. The child had breathing difficulties after birth. The tube meant to deliver oxygen to the baby was negligently inserted. By the time the medical mistake was discovered, the baby had been deprived of oxygen for a period sufficient to cause severe mental retardation. A lawsuit was later filed against the government and an award ultimately entered in favor of the parents. The damages awarded in this case included damages for the loss of society and affection of the child. The government appealed this part of the award.

The Supreme Court of Florida supported the award to the parents for loss of society and affection. In its ruling, the Supreme Court of Florida noted that the roots or history related to these damages went back to 1926 under the Wilkie v. Roberts decision. The Wilkie decision may have limited the award to the following:

(1) The loss of the child's services and earnings, present and prospective, to the end of minority; and

(2) medical expenses in effecting or attempting to effect a cure.

Since the Wilkie decision seemed to limit the amount of recovery, further case law was developed over time to the present day so that parents can seek compensation for loss of filial consortium. See also Yordon v. Savage, 279 So.2d 844 (Fla. 1973).

It appears that the loss of a parent of filial consortium may be limited to cases where there is a significant or serious personal injury and the facts should that the nature and quality of the parents relationship with the child are significantly impacted by the injuries or damages to the child. The Dempsey case seems to be a prime example of these kind of damages since the child suffered injuries leading to mental retardation that will have a lifetime effect on both the child herself and the parents derivatively from the child's injuries.

In Tallahassee, Florida, lawmakers and some physicians have been debating the Florida law regarding the relationship between gun ownership and medical care. At the heart of this debate is House Bill 155, which would make it a criminal offense for a physician to inquire into the patient's ownership of a firearm. This is the first law of its kind in the nation and it has some physicians worried that the law will create a slippery slope and hinder the physicians ability to get a full and complete history from the patient without undue regulation by the State of Florida. In response, supporters of the law argue that this sort of information is constitutionally protected and that doctors have no right to inquire about it.

While most physicians might differ in their opinion on what questions are appropriate to ask a patient, many physicians are concerned about criminalizing questions that a physician may ask as part of the medical history of the patient and the current and future safety of others especially children. It is important in any fiduciary relationship, whether it be medicine or law, that the client or patient has trust in whoever is taking care of them and vice versa. By enacting laws like Florida House Bill 155, some physicians believe that this relationship will be seriously hindered. Most feel it should be left to the doctors to determine whether or not a particular question is appropriate. Some even claim that it is a violation of their 1st amendment rights to make certain lines of questioning illegal.

Along with House Bill 155, the Florida Congress passed two more laws granting more rights to gun owners across the state. To read more on this story, see Guns bills approved.

In Florida and other warm weather States, children are at risks for serious personal injuries and even death when they are left unattended and unsupervised in a hot car. The temperature in a parked car in the heat of the Spring and Summer months can be overwhelming and deadly to a child. It is estimated that at least 500 children have died as a result of being left in a hot car since 1998. It is quite disturbing that so many lives have been lost and every death was preventable. Whether a child dies or suffers injuries or not, the parent, child care provider, day care worker, and babysitter can still be arrested and charged with abuse and neglect for leaving a child unattended in a vehicle. The fact that a child did not suffer any appreciable harm is not an excuse for putting a child at risk. Yes, people can be forgetful and rarely does a parent knowingly and willingly want to put a child at risk. Some parents and child caregivers just do not appreciate the risks of injury and death when leaving a child unattended in a hot vehicle. See Children Left in Hot Cars Dying in Record Numbers.

If a child has been injured as a result of the negligence or fault of another person, a parent can be quite challenged and stressed by the medical bills, medical treatment, insurance issues, and other matters. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Damages / Compensation, Medical Bills, Day Care Injuries, Playground Injuries, School Injuries, Automobile Accidents, and other topics. You can receive a Free Child Injury Book at Free Book for Parents of Injured Children. The book is also available at Amazon, Barnes & Noble, and the Apple iBookstore for $4.99.

The health, safety, and welfare of the child should always be the number one priority. By doing so, many incidents of personal injury and death can be avoided / prevented.

Doctors find another reason why parents need to know the symptoms of jaundice in their children. Although most babies develop the condition when they are born it can cause permanent brain damage. Jaundice is a type of bile pigment which all of our bodies produce. The pigment starts accumulating in the blood and starts depositing in the skin. When a child starts to turn yellow, that is the first red flag that his or her body is having trouble ridding itself of bile. When jaundice starts to build up to a high level in the blood the condition has the possibility or reaching the infant's brain. If jaundice continues, it can lead to a condition called kernicterus, which can cause permanent brain damage in the infant.

Here are the most common symptoms of jaundice, according to Dr. Renu Sharma, a neonatologist at Memorial Hospital: when a baby starts to develop yellow or orange skin, a baby is not feeding properly, or when a baby starts to appear lethargic or not as active as he or she should be. Other symptoms include unexplained fever, high-pitched crying, being uninterested in feeding and losing excessive weight. If you would like to read more on this topic please see Parents need to know the symptoms of jaundice, not knowing can cause permanent brain damage in your child.

It is important to keep all pediatric visits because tests can be easily performed to detect the presence of jaundice.

In Florida, we have the benefit of great weather that allows for outdoor sports year round. This is a definite advantage of living in Florida. The weather and access to fields and outdoor play can also be a danger to children participating in sports. Many children suffer sports related injuries due to overuse injuries and the lack of needed periods of rest and relaxation both for the mind and the body. Because of the year round ability and access to participate in sports, parents and coaches alike need to keep in mind that a child athlete's body has limits and a child athlete is at risk for injury while participating in sports and training.

A good article was posted titled 7 Tested Ways to Prevent Sports Injuries in Kids. This is a good article for parents, coaches, and league officials to read. Having a safe and healthy child at the end of the season should be the primary focus of a sports program. Winning is great but not if it is at the expense of the health or safety of a child athlete.

In Miramar, Florida, the Associated Press and The Miami Herald recently reported that a 1 year old girl (Kimberly James) died after being left in a vehicle during a church service. It is October but it is still quite hot in the State of Florida. It should also be pointed out that the heat factor in a vehicle is typically higher than it is outside. It was reported that the child was left in the vehicle for 3 hours. An autopsy will probably be performed in a case like this. It appears that the child died of hyperthermia unless the medical examiner / pathologist finds another cause of death of this child.

The death of this child is quite a tragedy for the family, church, and the community. It is yet another reminder to parents, babysitters, child-care providers, day care centers, and schools to make sure that all children are removed from a vehicle once it is parked. For more details on this case, see Girl, 1, Died After Being Left in Hot Car in Miramar, Florida. For a similar story, See Miami Dade Florida 3 Year Old Boy - Left in SUV - Dies (Dangers of Hot Cars to Small Children).

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.