By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
A 10-year-boy died as a result of a fatal head-on collision in Marshalltown, Iowa. The young boy was identified as Hunter Snider. Hunter’s residence was not publicly released but it was confirmed that he died at Marshalltown Medical & Surgical Center after being transported there after the collision.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In order to promote better training and quality in day care centers, the State of Montana recently introduced a pilot program called the Best Beginnings Starts to Quality Program. Statewide, there will be 125 Montana day care centers participating in the program. Each day care center enrolled in the program will start out at a Star Level 1 and advance to upper levels according to the training obtained, certification, and experience. It appears that the program is based on positive reinforcement of advancement to higher levels. Hopefully, this program will result in better child care in the State of Montana. You can read more about this new program at State of Montana Rolls Out New Day Care / Child Standards – Ratings Program for Childcare Providers.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In West Virginia and other States, children are cared for and supervised at treatment facilities for emotional and behavioral problems. The facility and staff have a duty to provide consistent and compassionate care for these children. Unfortunately, some child care workers abuse their position and abuse or neglect children under their care. Having video surveillance in child care facilities including treatment centers, day care centers, and schools can be very helpful in monitoring and evaluating the care provided to children. In some instances, the situation would be difficult to evaluate without such video surveillance because it may just be the child’s word against the employee’s word. If the child has emotional or behavioral problems – then it may be difficult to prove the abuse / neglect and convince the sheriff’s office, district attorney / state attorney, and others to take action.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Pennsylvania and other States, some parents grapple with the dilemma of following religious beliefs and directives versus medical testing and evaluations for their children. An adult can make decisions for himself or herself as long as they are competent to do so. Since children are not legally competent and most do not have the maturity or knowledge to make an informed decision about medical care, children rely on their parents to guide them and direct them regarding health care. Unfortunately, some children suffer injuries and even death when a parent is guided by zealous religious beliefs that prevent or limit the medical care available for a child. Of course, each case or situation should be evaluated or judged on its own merits. While a person has the freedom of religion in the United States, there are often ethical, moral, and legal dilemmas when medical care is withheld from a child in the name ans spirit of religious beliefs. When these situations arise, there are many viewpoints to contend with including those of religious leaders, religious institutions, parents, medical doctors, medical ethicists, and, yes, the child. In Philadelphia, Pennsylvania, a jury recently convicted parents of the criminal charges of manslaughter regarding their choice to exercise the act of prayer over available medical care for their child. You can read more about this story at Choice of Prayer over Medical Care – Death of Toddler.
By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Norfolk, Virginia, a church day care director was arrested and is being prosecuted for the death of a 7 week old child (Dylan Cummings) who died while under the care of Little Eagles Day Care Center which is a day care center affiliated with Bethel Temple Church of Deliverance. The director and another employee are being charged with child neglect. Attorneys for the day care director and the employee report that the Defendants cared for the child in a nursery and truly cared for and loved the child enrolled in the day care center. Prosecutors paint a different picture of a day care center that did not follow regulations and that placed children in a crib in a windowless closet. It is expected that the case will focus, in part, on medical issues involving the cause and preventability of the child’s death. It was reported that Dylan died of Sudden Infant Death Syndrome (SIDS). The prosecutor will argue that the child was unsupervised for 2 1/2 hours and that he was allowed to sleep on his stomach which puts an infant at risk for SIDS (Sudden Infant Death Syndrome).
By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Waxhaw, North Carolina, a family and community are mourning the death of a 5 year old girl (Makayla Woodard) who was fatally attacked by the neighbor’s Pit Bull dog near the Downtown area. The incident happened just after 11:00 a.m. Makayla’s grandmother (Nancy Presson) tried to pry the dogs off of the 5 year old girl. Both dog bite victims were transported to Carolinas Medical Center-Union in Monroe, North Carolina. Despite efforts to save her life, Makayla died at the hospital.
By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
A 27-year-old teacher at Plainfiled North High School in Illinois is accused of having sex with a 16-year-old male student at the high school. The teacher was identified as Ashley Blumenshine. She was charged with aggravated criminal sexual assault. Blumenshine was described by former her students as an outstanding teacher. She taught physical education and dance. The two were caught by police in a parking lot behind a Kohl’s department store. According to police, a Plainfield officer noticed two cars suspiciously parked outside the department store – one was empty while the other had two people inside. After the officer approached the occupied car, the teen was in the back seat with only half his clothes on. Both the student and Blumenshine were taken into custody. Blumenshine allegedly had sex with the student in the parked care. Blumenshine’s duties have been taken over by a substitute at the high school. If convicted she could face probation or 3-7 years in prison. As part of her bond agreement, Blumenshine is not allowed to have contact with anyone under the age of 18-years-old with the exception of family members. If you would like to read more on this topic please see Illinois high school teacher accused of having sex with 16-year-old student.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Recently, a mother and her 8-year-old daughter were s struck by a truck while crossing a street in McKeesport, Pennsylvania. The collision occurred around 5:30 p.m. and many rescue vehicles arrived to the scene shortly after. Although neither the mother nor the daughter sustained life-threatening personal injuries, their personal injuries were significant and each had to be taken to and treated by hospital physicians. The mother sustained a serious personal injury to her leg and was rushed to Mercy Hospital. The child suffered a head laceration and was transported to Children’s Hospital. Police have not stated whether any charges will be filed regarding the pedestrian incident. If you would like to read more on this accident please see Mother and young daughter severely hit and injured in Pennsylvania car collision.
Personal injuries related to automobile accidents / pedestrian accidents in general can be very stressful and traumatic events, not only physically but also emotionally and fiscally. The consequences of collisions involving pedestrians can potentially be more severe because the pedestrian victim is not protected by a vehicle’s armor. Drivers responsible for causing collisions should incur the liability for causing stress and physical personal injury to the collision’s victim. Courts will usually impose liability in the form of damages including but not limited to (re)payment of past, present and future medical expenses, compensation for one’s ability to enjoy life as one previously did before the collision and lost wages. An injured party’s spouse may even bring a claim against the tortfeasor for loss of consortium damages. The extent of damages will vary from jurisdiction-to-jurisdiction.
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By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Middle school and high school students like to gather around and socialize at parties and get togethers. Usually, there are no problems; however, when a party gets too big or has kids there who are careless or want to get in trouble – problems can occur. This is especially true when you combine a crowd of unsupervised middle school and high school students and alcohol. In Athens, Georgia, the Atlanta Journal Constitution Newspaper website reported that a party got out of control. Many crowded parties like these can and do lead to serious personal injuries and, in some instances, death. You can read more about this out of control party at Athens Georgia Party Becomes Brawl.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Las Vegas, Nevada and other cities, urgent care centers have opened as an alterative to traditional emergency rooms. Urgent care centers may be a good alternative to a local emergency room depending in the injury or condition involved, the needs of the patient, and the experience / skills of the staff at the urgent care center. Children should not be viewed as little adults or smaller adults because the medical needs of children can be much different than the medical needs of adults. Because of this, some medical providers advise parents to have a child seen by a pediatric doctor (when possible and available) following a child injury or for evaluation of a child illness. In Las Vegas, Nevada, the Las Vegas Sun reported that a pediatric urgent care center is serving the need of children in the area in need of its services. See All-Night Pediatric Clinic Offers Parents Alternative to the Emergency Room.
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