South Carolina Child Injury Lawyer Blog

We live in an age where good hygiene and healthy living are a near obsession. While much talk has been put forth about fixing the state of health care insurance, little attention has been given to the physical aspects of the industry.A recent report put out by the Food and Drug Administration suggests that problems inherent with medical devices and products combined with their misuse by medical professionals is causing harm to 70,000 children annually in the US. Specifically, these problems have been found in several areas, but those areas are ones that could possibly cause the greatest harm.

The most common injuries can result from common household items like contacts. If not kept properly clean, potentially debilitating eye infections can result. In other areas though, improper use of these products can cause great harm. Cited in the study as some of the most common problem areas found were "include puncture wounds from hypodermic needles breaking off in the skin while injecting medicine or illegal drugs; infections in young children with ear tubes; and skin tears from pelvic devices used during gynecological exams in teen girls." Unfamiliarity with the product being used by medical professionals could be one potential cause of injury in some of these cases. The study was the first ever to be conducted about the rate of device only injuries in Children.

The report cites particular concern with treatment that is administered at home, unsupervised by medical professionals. It states "The most serious problems involved implanted devices such as brain shunts for kids with hydrocephalus (water on the brain); chest catheters for cancer patients receiving chemotherapy at home; and insulin pumps for diabetics. Infections and overdoses are among problems associated with these devices." One of the doctors who reviewed the study had this to say "Health care providers need to be aware of these kids and their devices and how to recognize or diagnose" related problems, Krug said". Dr. Steven Krug, head of emergency medicine at Chicago's Children's Memorial Hospital. The researchers determined their findings by analyzing medical records from ER visits reported in a national injury surveillance system. They were able to estimate that 144,799 medical device-related complications occurred during 2004 and 2005, or more than 70,000 yearly.

Charleston Child Medical Malpractice Attorneys want to make the public aware of this study as it highlights potential dangers that could occur to a large segment of the population that is dealing with a loved one or dependent who is sick or injured. Proper education on the medical product being used and a good choice of competent medical personal will lower the risks involved for the caregivers.

Source: The State, "Medical device problems hurt 70,000+ kids annually",By Lindsey Tanner, July 27th, 2010

On a cold night in late December, a car carrying 4 teens was traveling at high speed down West Shiloh Unity Road in Lancaster, SC. The fatal car crash occurred after the car took a 45 MPH turn at speeds in excess of 119 Miles per hour. The car apparently went airborne, snapping a telephone pole and then came to rest approximately a football fields length away. During the crash, a 15-year old girl was killed after she was ejected from the car, this as a result of her seat belt not being properly fastened. The other two teens in the car were injured and the boy himself suffered severe head and neck injuries and underwent surgery at Carolinas Medical Center. The boy was charged with Reckless Homicide and a violation of Restricted License.

The crash occurred on Dec 29th, 2009 and investigators believe that the driver's inexperience and the high speed of the car were the primary factors involved in the incident. The driver, 16 had a restricted drivers permit. Under SC law, permit holders are only allowed to drive between 6 am and 6pm, carrying a maximum of two minors in the car. In the case of this crash, both of those restrictions were violated by the teen boy. The boy plead guilty to Reckless Homicide and Violation of a Restricted License. He will be evaluated by the Department of Juvenile Justice and then be sentenced. He will lose his Driver's License for a duration of 5 years and will be under house arrest, monitored by an electronic bracelet. After sentencing he could also serve time with the Department of Juvenile Justice until he is 21.

Excessive speed and the inexperience of young drivers are often cited factors in fatal crashes. The National Highway Transportation Safety Administration states that almost 32% of crashes are caused by drivers aged 21 and younger. A Key factor in this case was the apparent ignorance of the boy's parents of his whereabouts the night of the crash. Charleston child injury lawyers want to urge the public to pay special care to their child's behavior and activities when they are just learning to operate a motor vehicles.

Sources: The State, " Lancaster teen pleads guilty in death of girl, 15" Kimberly Dick, The Rock Hill Herald

The National Highway Transportation Safety Administration

In a case that both shocks and startles, A Moncks Corner man is accused of death by child abuse when he allegedly refused to allow his 2 year old son to receive medical treatment when a complication developed. The man and his girlfriend then allegedly placed the boy in a trashcan and filled the trashcan with cement. They then left the trashcan behind an abandoned mobile home in Walterboro, SC. Investigators said that the cause of death was as yet undetermined but there was strong evidence of foul play, due to statements about the boy being abused in the past. The man then allegedly fabricated a story about the boy falling over the seawall at the Battery and being lost in the sea. The subsequent search cost Charleston County man-hours and funds looking for the lost child. Charleston child injury lawyers urge the public to report any incidents of child abuse they come in contact with to Law Enforcement immediately.

Officers investigating the incident, report that the boy had been staying with his father for summer. The Arrest Affidavit states that “the boy died from injuries and/or physical distress" around June 6 while he was in the girlfriend’s care at her Summerville home. The father was away from home when the girlfriend contacted him about "an ongoing medical issue with the child." He allegedly ordered her not to seek medical help for his son and, upon returning home, he refused to take action himself to save the boy”. The fabricated report of the boy falling into Charleston Harbor occurred when the boy’s mother was on his way down to see him.

The pair is being held on a $250,000 dollar bail while investigators work to build a case against them. Forensic specialists took apart the concrete filled trashcan and have begun to exhume the body. Investigators are also going through medical records at MUSC where the boy had been apparently treated several times. As to the severity of the case, a neighbor was quoted as saying “it's a crying shame,” There is no need to kill a 2-year-old child. No need whatsoever."

The Child Abuse and Neglect Data System reports that each year, an estimated 1,760 children die from child abuse; often at the hands of someone they know. In terms of Vulnerability, Children between the ages of 1-3 years of age make up 33.7% of all reported child fatalities.

Sources: The Post and Courier, “Officials: Father let boy die Sheriff says body then encased in Concrete in trash can”, July 9, 2010

The Child Abuse and Neglect Data System

Charleston Child Injury Attorneys want to remind the public to watch their children and exercise good sense when leaving children unattended in vehicles as temperatures soar during the hottest months of summer. A 35-year old Charleston Woman was charged with Unlawful Conduct towards a child when she left her infant inside a car parked on King Street while she shopped.

A passerby noticed the infant inside the vehicle and went into a nearby store to find the driver. The temperatures reported that day were 88 degrees with a heat index of 105 degrees at the time. Unable to find the driver, the store clerks alerted the Police and were attempting to get into the car when Charleston Police arrived. The woman returned a short while later and was taken into custody. She claimed that she had picked up the infant earlier in the day and had forgotten that the child was in the car.

Leaving a child or pet in an hot vehicle can induce Hyperthermia, or the overheating of the body. Even left for a couple of minutes can bring on a rapid rise in core temperature than can be fatal for a young child. Parents should be especially vigilant during summer months when the heat and daily tasks can be especially distracting. A study published by the San Fransisco State University put the number of fatalities from being left in an overheated car between 1998-2010 at 465.

Charleston Child Sexual Abuse Attorneys advise and want to make the public aware about a particularly disturbing story. A Charleston man has been accused of fondling a 19-month old infant, photographing the acts and then sending the photos to his brother in Virginia. The man, an organist at a local church, sent the photos to his brother, a 25-year old York County, VA man, who subsequently distributed the photos to a woman in Calgary, Canada. This woman, disturbed by the image, contacted The Royal Canadian Mounted Police, who act as Canada's domestic police force. From there the RCMP made the necessary calls to US police agencies which were quickly able to make the necessary charges on first the man's brother and then the Charleston man.

Law Enforcement served a warrant to the man's home and arrested him on the charges of second-degree sexual exploitation of a minor and lewd act on a minor. The man's lawyer requested a low bail of $10,000 but the Judge upon reviewing the charges stated ""I don't think I've ever dealt with a child that young being fondled. And I'm very concerned about that." Bail was set at $100,000 and the man was then detained at the Charleston County Detention Center. The man's brother is being charged with in York County, VA on four child pornography-related charges.

The trafficking of Child Pornography is a crime that perpetrated mainly by means of file sharing and transferal over the Internet. The National Center for Missing and Exploited Children reports that those who engage in the exploitation of these children and the sharing of these photos are overwhelmingly White, non married, middle aged males. South Carolina Child Injury Lawyers urge anyone who has come into contact with such explicit material or have been harmed by this material to contact Law enforcement personnel immediately.

Sources: The Charleston Post and Courier, "Local man accused of distributing child porn"
Police: Pictures show suspect fondling 19-month-old", Andy Paras, July 5th, 2010

The National Center for Missing and Exploited Children