Shaken Baby Syndrome Lawsuit In 2024 | A Guide to Filing a Claim or Lawsuit

Was your baby forcefully shaken, causing its brain to move back and forth inside the skull? If yes, don’t wait until the last minute to file your shaken baby syndrome lawsuit. Babies less than one year of age are at the greatest risk for the shaken baby syndrome.

Symptoms of the shaken baby syndrome

If you suspect that your baby might have been shaken, watch out for these symptoms: 

  • Blindness.
  • Cerebral palsy.
  • Constant irritability.
  • Deafness.
  • Difficulty breathing.
  • Fractures in the skull, neck, and ribs.
  • Lack of interest in eating.
  • Loss of consciousness.
  • Seizures.
  • Speech development issues.
  • Vomiting.

In more severe cases of the shaken baby syndrome, babies may exhibit the following:

  • Breathing problems (irregular breathing or not breathing).
  • Unresponsiveness.
  • Loss of consciousness.
  • No pulse.

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Things to do if you suspect shaken baby syndrome

If your infant displays any of the symptoms of the shaken baby syndrome and you have reason to believe someone may have shaken them, it’s important to take your child to the hospital instantly. After that, you should contact your nearby police so they can start an investigation. Then, hire a skilled shaken baby syndrome attorney with extensive experience in traumatic brain injury cases. 

In addition to the emotional anguish inflicted on your family, shaken baby syndrome cases can lead to devastating medical bills if your child requires ongoing treatments and therapies due to permanent brain damage. So, whether the at-fault party is being criminally prosecuted or not, your shaken baby syndrome lawyers can start an independent investigation and bring your claim against the caregiver who shook the child. 

You must know that shaken baby syndrome can be prevented. Here we are sharing important tips to avoid or reduce the harm to your baby. 

If you are hiring a caregiver or babysitter, ensure they are qualified, credible, and responsible people.
Anyone caring for your baby should know how to hold and handle your child. Your prospective caregiver should know never to shake the baby. Do your best to explain that babies are fragile.

If your baby does not stop crying, seek medical attention immediately.

It’s also important to learn what type of actions may harm a baby or cause Shaken Baby Syndrome. Some of these actions include bouncing a baby, spinning a baby, or failing to support a baby’s head when holding or playing with them.

shaken baby syndrome lawsuit

How do doctors diagnose shaken baby syndrome?

A well-trained and experienced physician or medical provider will suspect shaken baby syndrome according to the specific findings in a medical examination. Those key findings include:

  • Bleeding in the eye or retinal hemorrhages.
  • Bruising on the body.
  • Bruises to the arms, face, scalp, abdomen, or back.
  • Concussion symptoms.
  • Chest and abdominal injuries.
  • Closed head injury bleeding.
  • Cuts and lacerations.
  • Soft spots on the head and skull.

Your doctor will diagnose the condition by ordering an MRI, CT scan, or other diagnostic studies.  The medical history is very helpful to know whether the symptoms are reducing or not.

Who is liable for shaken baby syndrome?

Any person who shakes your child and causes injury or anyone who was negligent in caring for the baby can be held liable in a civil lawsuit. Here is a list of the most common potential defendants who can be included in his case. 

  • Childcare providers.
  • Doctors, nurses, and social workers.
  • Daycare centers.
  • Hospitals and clinics.
  • Police agencies.
  • Social service agencies.

Unfortunately, in many cases, a baby with signs of abusive head trauma is seen by a medical provider and then released back to the abuser. Consequently, the baby is then shaken by the same person and suffers a catastrophic brain injury. Medical standards require doctors and nurses to report suspected abuse to the authorities. The baby should under no circumstances be released back to a potential abuser until it has been determined that the injuries were not caused by physical abuse.

In addition, police and other law enforcement must fully investigate potential child abuse when called regarding an incident. For example, it is gross negligence to leave a baby with the person who shook the baby before the police arrived.

Furthermore, any childcare agency, daycare center, and baby-sitting service can be held accountable for the abuse of a child in their care. The employer can also be held liable for an employee’s wrongful conduct, including any actions that could cause the shaken baby syndrome.

What actions can be filed?

Criminal prosecution will be pursued against the person who shook the baby in most shaken baby syndrome claims. This type of charge can result in incarceration or other criminal penalties imposed by the court against the wrongdoer.

In addition, shaken baby syndrome lawsuit may be filed by people on behalf of children who suffer from serious harm from being shaken. In addition, the defendants in these cases include medical providers, hospitals, police agencies, and social welfare agencies. Many have resulted in significant settlements and jury verdicts.

How to report abuse

One of the best possible scenarios in the case of the shaken baby syndrome is that it is identified before permanent damage happens. For instance, if a parent suspects a care provider such as a daycare or nanny of this type of abuse, it’s crucial for them to remove the child immediately and bring them to a doctor for medical observation. This suspicion is also valid for caregivers who suspect parents of abuse. In addition, medical attention must be taken and reported if there are signs that an infant has been a victim of shaken baby syndrome.

Childcare providers that have committed this abuse can be subject to both civil and criminal charges. 

  • The criminal charges must prove that they intended to harm. This can be difficult because intent and motive must be established beyond reasonable doubt.
  • On the other hand, civil suits only need to show that they did not provide proper care instead of proving a motive to harm. Civil lawsuits ensure that these professional child abusers do not harm another child, regardless of their intentions.

What damages can you claim?

A fair shaken baby syndrome Lawsuit settlement in a shaken baby syndrome claim would include:

  • Money payouts for the pain and suffering of the baby.
  • The mental anguish of the baby and the baby’s parents.
  • Permanent disability caused by damage to the brain.
  • Other costs associated with the care and treatment of the baby. 

Many babies suffering from shaken baby syndrome require lifetime specialized medical care, special education, and modified housing to accommodate their disabilities. A certified life care planner can provide an itemization for future medical expenses, housing costs, caretaker expenses, and other damages to support the lifelong expenses of the child.

Successful Shaken Baby Syndrome cases require the specialized knowledge of an experienced attorney. A skilled and experienced shaken baby syndrome attorney will help you collect evidence, such as medical records, take depositions, and retain expert witnesses to support the case. It helps you make the best legal outcome for the child in the civil case.

If you are looking for Shaken Baby Syndrome lawyers, contact Ethen Ostroff. Together with his team, Ethen will review your case and advise you of a sound legal strategy. Call Ethen today at 610-510-8883.

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