Children with Traumatic Brain Injury

Children with Traumatic Brain Injury

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 a result of birth trauma or post-natal trauma including playground accidents, car crashes and truck accidents, sports injuries or other trauma.
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.
On the other hand, post birth brain trauma often leaves the patient and family reeling with uncertainty and the need for 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.
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.
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 including but not limited to memory, concentration, processing and behavioral skills. It is imperative that there be adequate communication between 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 as a matter of federal law (Individuals with Disabilities Education Act also known as the “IDEA”) to an Individual Education Plan (“IE”). The injured child may require special programs, individualized classroom attention including an aide, special services such as physical therapy, speech therapy and occupational therapy; 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.
A family in need can turn to many resources. A natural beginning point is the child’s health care providers. 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 commend 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, a lawyer who handles traumatic brain injury or by contacting the publisher.
Here at Casper & de Toledo (www.casperdetoledo.com) , 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.