There is no question that the brain is central to all of life's daily functions. Anyone in Delaware who has cared for a loved one with a brain injury can attest to the intensive medical and therapeutic care that is often needed to assist a loved one with daily activities. Unfortunately, for most families, needed care can be difficult to fund. In cases where the negligence of another may have resulted in brain injuries, families may be able to recoup some financial loss through a lawsuit in civil court. Recently, a family in another state received disturbing news that their son had been injured at the hands of a caretaker, possibly changing his life forever.
The injured 5-month-old boy was being cared for by a 23-year-old man while the parents were at work. At some point in the baby's care, the man admittedly lost his patience. As a reaction, the man shook the baby to the point that the baby began to struggle to breathe. He also reported that the baby's eyes reacted by rolling to the back of his head.
The baby was taken for medical treatment, and physicians diagnosed him with a traumatic brain injury. The man has confessed to the shaking and has been charged with first degree assault. If the man is convicted in criminal court, he could pay thousands of dollars in fines and serve years in prison.
When the actions of another person result in serious brain injuries, those affected may be able to file a personal injury lawsuit in civil court. A lawsuit and any potential compensation will not alter the outcome, but compensation could assist in necessary medical care for the affected individual. Delaware attorneys can review cases and, based on the details, advise families of their legal options.
Source: CBS Minnesota, "Man Charged With Assault For Shaking 5-Month-Old Baby", Jan. 9, 2018