Knowing the dangers of traumatic brain injury (TBI) can make it difficult to watch your children play certain sports. TBIs can be defined as brain damage caused by external forces, like a blow on the head. Some examples include an athlete running into your kid, a ball striking your kid’s head or the impact of falling.
One-fifth (25%) of TBIs among youth are caused by sports. In the past decade, there has been more discussion about the long-term effects of TBIs caused by sports injuries.
(Ben Hershey/unsplash)
Postconcussive Syndrome (PCS)
Postconcussive Syndrome is a common condition. The condition is caused by a brain trauma that can be caused by a head injury or violent shaking of both the body and head (a concussion).
Concussions can be classified as “mild brain injuries” because they don’t cause life-threatening symptoms and usually heal in less than one month. Persistent postconcussive disorder is a term used to describe those who have persistent symptoms. These TBIs may have long-lasting effects on cognition and memory.
Soon, good students can become struggling students. They may be having trouble with concepts, paying close attention, retaining the information or organizing themselves so that they can turn in assignments on time. They may also have:
- Fatigue
- Sleep disorders
- Headache
- Vertigo
- Irritability
- Anxiety
- The following are some of the ways to reduce your risk:
- Apathy
- Personality changes
PCS can begin days after a head injury, but it is usually triggered shortly afterwards. It can often be resolved with time or therapy, but it can also have a significant impact on the patient (loss of work, school missed, poor performance, social isolation, relationship problems, etc.).
Chronic Traumatic Encephalopathy
CTE is also a TBI-related disorder. Multiple blows to the brain and concussions are common in boxers and footballers. It has many of the same symptoms as postconcussive disorder, but is classified as a brain degenerative disease. It is unlikely to show up immediately, unlike postconcussive symptoms. It will instead develop slowly after repeated head trauma over many years.
CTE is often manifested in early life, i.e. late 20s or early 30s. Depression, suicidal thinking, anxiety, impulsive behaviors, and aggression are all possible symptoms. It is more common to manifest later in life, around age 60. This can include memory and thinking problems.
Concussions are still happening, even though we’ve made great strides in mandating that students wear certified headgear. Schools also have concussion protocol. Parents often believe that they are not entitled to sue if they suffer a concussion because they signed the school’s waiver. The waiver is only valid in certain circumstances.
When to Contact a Las Vegas TBI Lawyer
Nevada schools (or sports organizations) may have a TBI/concussion law, but that doesn’t necessarily mean they are implementing it correctly. Here are some instances where we have seen negligence on the part of schools/organizations resulting in families pressing and winning lawsuits.
- Failure to adhere to or have concussion protocol. Although schools may have loose concussion guidelines and procedures, if they do not follow a documented, clear protocol, then the school could be liable for any TBI. If they do not adhere to the protocol, or if there is a protocol in place but they are not following it, then they may be considered negligent.
- Inducing players to put their health at risk. A coach who is aware of the concussion risks a player faces and still encourages him to play could be held liable. It could be a case of a coach forcing an athlete to play before they are fully recovered.
- Coaches may not want to tell a player blatantly to return to the game. They may instead leave it to the player. It may be too much for a minor to take on, especially if the player has not been provided with the advice of a property lawyer.
- Not following school protocols when dealing with an injury. It could be as simple as calling an ambulance if certain symptoms are present. The school may be held negligent if these protocols are not followed.
- Failure to correct dangerous conditions A slippery flooring in the weight room. A large rock on the soccer pitch. If the school does not properly fix these dangerous conditions, they could be sued.
- Excessive training of an athlete. The school may be held responsible if a coach insists upon extreme training regimes that put athletes at risk and cause injuries.
- Failure to heed warnings. Most concussion waivers require athletes to report symptoms. In cases where the athlete is unable to report symptoms but still shows them, and the coach does not act upon it, negligence may be the case.
What if a doctor is at fault?
A medical malpractice suit may hold your doctor responsible if they fail to diagnose your TBI properly and/or allow you to play too soon.
Contact our TBI lawyers in greater Las Vegas if you think that the school, sports team, or doctor is at fault for your child’s TBI. We are familiar with the Nevada laws governing sports-related TBIs. We can let you know if your case is viable and help you receive the financial and medical compensation you are entitled to.
The post Am I Entitled to Sue My Child for Sports-Related TBI Even If I Signed A Waiver? first appeared on Las Vegas Injury Lawyers.