What is Non-Accidental Injury

According to the British Medical Journal (BMJ), non-accidental injury (NAI) is a term which is used to define ANY physical injury or abuse inflicted on a child or knowingly not prevented by a care giver. The injury or abuse is not consistent with the account of how it happened. It cannot be an injury that occurred unintentionally or unexpectedly.

The term non-accidental injury is often referred to as NAI and includes a wide range of abuse and physical injuries. Common examples include bone fracture, skull fractures, bruising, shaken baby syndrome, smothering, poisoning, torn frenulum and many more – including infant death.

Healthcare professionals who have contact with children are aware of all of the possible signs of abuse, which can present as pain, swelling, limping or musculoskeletal problems.

Whilst it is difficult to diagnose NAI, this complex process relies upon the evidence collected by all agencies involved in the case. To assure the safety of the child or children in question, it is essential to thoroughly investigate all incidents where NAI is suspected. Medicals professionals involved in such cases will gather physical evidence, via scans and tests, along with written evidence through questions asked to the parent or care giver.

When abuse or an injury has been identified, either with an explanation that the doctors and medical professionals do not accept or with no explanation at all, it is likely that the Police will become involved in the investigation. Social Services are also usually involved because they have a ‘duty of care’ to protect the child or children in question.

Every healthcare professionals who has contact with children needs to be aware of the possibility of abuse because it can potentially be life-threatening.

Should they suspect someone of causing a non-accidental injury, it is normal for Social Services to become involved. The Local Authority may also start to initiate care proceedings.

The reason for this early intervention is to ensure all Child Protection procedures and protocols are followed, in order to protect vulnerable children.

If you’ve been accused of non-accidental injury, it means that the medical professionals do not think your explanation is consistent with the injuries displayed by the child in your care. Or you cannot explain how an injury happened.

In reality, this accusation is the start of what can often be an incredibly stressful and daunting legal process. We would strongly advise seeking advice from a non-accidental injury solicitor at this point.

If you think you’ve been wrongly accused of causing abuse or an injury to a child in your care, a solicitor will be able to support you through the process and offer legal advice.

When facing allegations of non-accidental injury, it is vital that you are properly represented in this highly-specialist area of family law.

We represent parents and carers who have been accused of causing fabricated illness, abuse or injury to a child. We won’t judge you. We’ll handle any case. We’ll listen carefully and defend you vigorously.

Available 24 hours a day and able to travel anywhere in the UK, our solicitors are vastly experienced at defending non-accidental injury cases.

We know every medical condition to consider. We recognise which medical experts are best suited to giving evidence for each case. We understand the entire process and know how to decide whether evidence points towards abuse and NAI or not.

Should a case proceed to court, we also know which barristers and QCs to instruct to help put forward your case.

Infants, children and adolescents are more prone to injury. Sometimes they are injured perfectly innocently.

By obtaining legal advice as early as possible, you can get help to identify all of the potential medical causes which could be the reason for the alleged non-accidental injury.

Some conditions are very rare. Some result in injuries which mimic signs of abuse. With our help, you can thoroughly investigate whether a different diagnoses should be considered rather than abuse or NAI.

Each case is unique and it is vital to get legal advice whenever a non-accidental injury is suspected.

By working closely with you and listening to the circumstances in detail, we can decide which medical expert would be best to review the evidence of your case.

Depending on the abuse or injury involved, we would call on a number of different specialists – including paediatricians, neuro-radiologists, haematologists, radiologists, ophthalmologists and geneticists.

In all cases, we will ask them to consider a wide range of factors, such as the presentation of the child, the age of the alleged injury and the force or circumstances required to cause it.

We also investigate any alternative explanations to try and determine whether a medical condition (natural cause) or any other accidental causes could provide a plausible explanation.

We have offices located right across the UK and our expert solicitors can provide you with support and legal advice whenever you need it most.

Having operated in this complex area of family law for decades, we can help you put forward the strongest possible case.

For free and confidential advice, get in touch or call our 24-hour team on 0800 123456 today.