How Are TBIs in Children Handled in Massachusetts Injury Cases?

Traumatic brain injuries (TBIs) are exceptionally damaging for victims, especially children or infants hurt during birth.

Children might suffer TBIs during car crashes or because of medical malpractice. Because of the differing causes, parents might not always see signs of TBIs immediately. Upon noticing behavioral changes or developmental issues in your child, take them for medical assessment. Diagnosing a TBI as soon as possible is crucial so that your child can begin the appropriate treatment and rehabilitative therapy. The filing deadline for your lawsuit could differ, depending on the cause of your child’s injuries and when you discovered them, and our lawyers can help you determine when to file your claim. Child traumatic brain injury claims are often worth large amounts, considering the expensive medical treatment victims need and the emotional toll on them and their families. Compensation for economic and non-economic damages may be available from a settlement or trial, and our lawyers can take the appropriate steps to maximize your family’s recovery after your child suffers a TBI due to negligence.

Call our Massachusetts brain injury lawyers for a free case assessment from the Law Office of John J. Sheehan at (617) 925-6407.

How Should Parents Handle TBIs in Their Children in Massachusetts?

Children could sustain TBIs during serious accidents, like car crashes or falls. Traumatic brain injuries in infants might also happen during birth and delivery when doctors act negligently, like by using excessive force, forceps, or vacuums to deliver children when unnecessary.

After an incident or difficult birth, parents can look for signs of TBIs in their children and take them to other medical professionals for diagnosis. Children, especially very young children, may not be able to express their pain levels or other symptoms, so parents may have to look for telltale signs of TBIs. These include refusing to nurse, excessive crying, lack of engagement, changes in sleep patterns, and losing a previously learned skill.

Traumatic brain injuries in infants might happen during delivery due to malpractice, but it can be difficult for parents to remember a doctor’s actions during a chaotic birth. Our attorneys can review the delivering parent and the child’s medical records from birth to identify potential missteps on the doctor’s behalf. We can also interview those present in the room during the birth to preserve their statements.

Diagnosing traumatic brain injuries in children may require a combination of imaging tests and behavioral and physical evaluations, which can take time. Suppose you take your child to their pediatrician with concerns after a complicated birth or the emergency room after a serious accident. In that case, you may be referred to a neurologist for further testing and treatment. Like adults who sustain TBIs, children may need surgery, physical therapy, and other specialized care to work toward physical recovery.

How Does Massachusetts Handle the Statute of Limitations for Child TBI Injury Cases?

After a child sustains a TBI due to negligence, their parents may seek compensation on their behalf for the medical damages they have incurred, as well as their physical pain and mental suffering. The circumstance in which your child was injured could affect the filing deadline for their case.

Generally speaking, the statute of limitations for typical personal injury claims is three years, according to Mass. Gen. Laws Ch. 260, § 2A. Since minors cannot bring lawsuits by themselves, the statute of limitations may pause until they turn 18, giving them until 21 to sue negligent parties independently and without their parents. If parents sue on a child’s behalf, they will likely have three years from the date of injury or the discovery of a TBI to file personal injury lawsuits.

The statute of limitations for TBIs due to medical malpractice differs somewhat. According to Mass. Gen. Laws Ch. 231, § 60D, minors have three years from an act of malpractice to seek compensation. The exception to this is if a child sustained a TBI before the age of six, in which case their parent would have until age nine to file a claim.

Parents reeling from their children suffering TBIs may be understandably confused by filing deadlines and how they apply based on when their children were injured and diagnosed. Our attorneys can pinpoint the final date by which parents can bring lawsuits against at-fault parties, whether they are medical professionals, drivers, or other negligent parties, so they do not miss their opportunity to get deserved compensation and justice for their children.

How Does Massachusetts Handle Damages in Child TBI Injury Cases?

Traumatic brain injuries are often permanent, so these injuries in children can be devastating for their parents and families. Parents can seek compensation for economic and non-economic damages from an injury, and our attorneys can work to prove these damages in court or during settlement negotiations.

If a child sustains a traumatic brain injury due to medical malpractice at birth, their family may incur immediate economic damages. Infants with TBIs might have to remain in the hospital for days or weeks after birth, receiving specialized and costly care. Babies and children with TBIs might need physical and behavioral therapy, prescription medication, surgery, and other treatments. All necessary medical expenses should be compensated, including future costs. Victims who suffer TBIs in their youth might need life-long care, and our Massachusetts brain injury lawyers can establish the defendant’s liability for these damages.

According to § 60H, Massachusetts typically caps non-economic damages in medical malpractice lawsuits at $500,000, even if the victim is an infant injured during delivery. The exception to this limitation is if the victim’s injuries meet exceptional criteria, which TBIs in children might. Statements from medical experts might sway juries in child TBI cases, convincing them to award greater non-economic damages for pain and suffering. Non-economic damages in general personal injury claims are uncapped in Massachusetts.

Call Our Lawyers in Massachusetts About Your Child’s TBI

Call the Law Office of John J. Sheehan’s Boston brain injury lawyers for help with your case at (617) 925-6407.