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Shaken Baby Syndrome Lawsuits in Michigan

By Lawrence Buckfire

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Published: 14Jan2010
Word count: 504
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Babies and children can suffer permanent and irreversible injuries from being shaken by another person. These injuries, often called Shaken Baby Syndrome or abusive head trauma, are caused when an infant or child is forcefully shaken by another person. This shaking can cause significant injury to the developing brain of the child.

The injuries suffered by a shaken child can be catastrophic and last a lifetime. Many times, the injured child can seek compensation for the injuries suffered. These amounts can be significant based upon the life expectancy of the child and the special medical and educational needs of the child over his or her lifetime. Often, the injuries are so severe, including blindness and deafness, that the child will be unable to live independently even as an adult and will require lifetime supervised living.

Potential defendants in shaken baby syndrome lawsuits include the obvious perpetrator or abuser, but these individuals are often without any money to ever pay compensation to the child. Other possible defendants are doctors, hospitals, and clinics who fail to make proper observations that a child has been abused or shaken. Common symptoms of shaken baby syndrome include vomiting, bruising, broken ribs, seizures, irritability, and poor feeding. Medical professionals are trained to detect these symptoms and take measures to protect the baby or child from further abuse. When this is not done and a child is returned to the abuser and suffers additional injury or harm, the medical professional can be held liable for the new injuries.

Likewise, teachers, school social workers, and police officers are also potential defendants for the same reason. They too are trained to detect child abuse and shaken baby syndrome and have a legal duty to report suspected abuse to the appropriate governmental agency. Like medical professionals, they can be sued in court for failing to take necessary measures to prevent further injury and harm to the child.

Many lawyers advertise their services in shaken baby syndrome cases, but most seek to represent the accused abuser and not the innocent child. The parent or legal guardian of a child who has been injured due to shaken baby syndrome is well-advised to contact an experienced child injury lawyer to discuss the legal rights of the abused child. A careful analysis of the child's medical records and other documents can establish that the child has a valid lawsuit and can recover compensation for his or her injuries. It is essential that a lawyer with experience in shaken baby syndrome cases be contacted because these cases are highly specialized from both a medical and legal standpoint.

Experienced lawyers in these cases have obtained significant settlements for injured children. Typically, the settlements provide compensation for child to cover future medical expenses, educational expenses, and other care. The settlements often also provide significant compensation for the life long disability and suffering of the child. Courts carefully monitor these settlements to protect the child's settlement funds from being used for things that are not in the best interest of the child.

Lawrence J. Buckfire is a Michigan Child Injury Lawyer that represents parents and children who have been injured in a Michigan accident. To learn more about your legal rights, you can also request a free copy of our book, "Little Kids, BIG ACCIDENTS" if your child was injured in an accident.

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