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Our children are precious.  We will do anything to protect them from harm and nurture their future.  However, we cannot protect them from every conceivable source of potential injury.  Our children will suffer many accidental injuries caused by rough playing, sports, and even basic things like learning to walk or riding a bicycle. 

However, there are some injuries that can be prevented.  Injuries to children can occur in many different ways, including:

Motor Vehicle Accidents – children are very vulnerable in motor vehicles.  Their small bodies cannot withstand the same torque and forces that an adult’s body can.  Most motor vehicles are not specifically designed with children in mind, but the average adult.  While car seats make children safer in a motor vehicle accident, this does not protect them from all injuries and is not a shield. 

School Bus Accidents – like motor vehicles, children spend a lot of time on a school bus.  Even though school buses are generally made for children, school buses still lack significant safety features for riders.

School and Day Care Accidents – once children are off the bus they are not safe.  Institutions that take care of our children are tasked with having adequate supervision and security to ensure our children’s safety.  However, with state budget cuts and a tough economy, many times this is not possible.  Overworked teachers and day care providers may not be able to properly watch every student.

Failure to Diagnose Slipped Capital Femoral Epiphysis - A Slipped Capital Femoral Epiphysis (SCFE) is a problem resulting from improper development of the end of the femur bone that meets with the hip socket to for the hip joint.  SCFEs occur when the ball at the end of the femur that fits into the hip socket, otherwise known as the “head” of the femur, begins to slip out of proper alignment with the rest of the bone.  This misalignment occurs between the head that forms the joint and the rest of the femur there is a growth plate, which is essentially the section of the bone that grows and eventually hardens with age.  During the rapid development of early-to-mid adolescence this section of bone is developing quickly and can sometimes become malformed resulting in the head of the femur slipping off the rest of the bone. The rapid diagnosis of this problem is essential to avoiding serious complications due to a progression of the malformation of the bone.

Diagnosis of a SCFE is typically done by assessing the position of the head of the femur in relation to the rest of the bone by way of examining X-ray images.  In the images a physician may look for what is known as “Klein’s line”.  Klein’s line is an imaginary line that runs from a particular part of the femur up through the head part of the bone.  A doctor can use this diagnostic tool to see if a patient’s femur is properly aligned. A doctor may also perform range of motion exercises to assess the severity or presence of a SCFE.

The treatment of a SCFE is surgery on the femur to realign and properly fix in place the ball at the top of the femur that sits in the hip socket.  This realignment and fixation are achieved by inserting hardware such as screws into the femur during surgery.  If this procedure is not done quickly, the severity of the problem will increase rapidly, as mentioned above.  A web article from the American Academy of Orthopedic Surgeons reads: “Without early detection and proper treatment, SCFE can lead to potentially serious complications, including painful arthritis in the hip joint” (2016).  A person with a severe SCFE can have problems bearing weight on the affected leg(s) and potentially experience severe problems with mobility in the future.

A late diagnosis of a SCFE can mean that the problem has become so severe that even with treatment there could be problems with the bone healing properly.  Causing problems such as osteo-arthritis.  However, even with timely diagnosis complications can still occur.  Complications include Avascular Necrosis, Chondrolysis and potential neurological problems.  Avascular Necrosis results from an improper blood supply to the part of the femur effected by surgery that leads to death of that section of the bone.  Chondrolysis is the deterioration of cartilage around the head of the femur effected by the surgery that leads to early onset osteo-arthritis.  The key to avoiding serious problems with a SCFE is to make sure it is diagnosed early and treated competently.  At Greenberg and Greenberg we have successfully litigated cases involving SCFEs. Please feel free to call us at (518)-828-3336 to discuss a potential case concerning SCFEs.

https://www.aafp.org/afp/2017/0615/p779.html#sec-7

https://orthoinfo.aaos.org/en/diseases--conditions/slipped-capital-femoral-epiphysis-scfe

https://emedicine.medscape.com/article/91596-overview#showall

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When a child is injured, there are special rules under the law which apply.  For instance, New York Civil Procedure Law and Rules Section 208 provides an extension to the statute of limitations to file an action against a negligence person who has harmed a child.  For the majority of claims, a child has until his or her eighteen birthday plus up to three years (depending on what the offense is) to bring an action.  However, if the claim is a medical malpractice or birth injury, the child will only have ten years from the date of such act or omission to bring the claim.  This is important because no court can extend the statute of limitations and your claim will forever be barred.

The Hudson injury to children attorneys at Greenberg and Greenberg handle cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a FREE case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.