Case Study: Father Exonerated in Non-Accidental Injury Case

Case Overview

Issue: Allegations of shaking, fractures and bruising
Our Client: Father
Court: High Court
Medical Evidence: Multiple paediatric specialists
Outcome: Father exonerated and child returned to his care

The Situation

We represented a father in complex High Court proceedings involving allegations of serious non-accidental injury to a young baby.

Both the mother and father were initially accused of causing the injuries. The baby had sustained a number of concerning injuries, including injuries associated with shaking, fractures, and bruising.

Given the seriousness of the allegations and the complexity of the medical evidence, the case was considered by the High Court.

Complex Medical Evidence

A number of specialist medical experts were instructed to determine the nature, cause and likely timing of the baby’s injuries.

These included a Paediatrician, Paediatric Ophthalmologist, Paediatric Neurosurgeon, Paediatric Neuroradiologist, and Paediatric Radiologist.

The medical experts were unanimous in their opinion that the injuries were non-accidental in nature.

The crucial question for the Court was therefore who was responsible for causing them.

Establishing the Father’s Innocence

The evidence regarding the timing of the injuries became particularly important to our client’s case.

It was established that the father was not present during the timeframe in which the injuries could have been caused.

After considering the medical and factual evidence, the Court found that the mother was responsible for causing the injuries.

No findings were made against the father, and he was exonerated of the allegations against him.

The Outcome

Following the Court’s findings:

• The father was cleared of responsibility for the injuries
• The mother was found to have caused the injuries
• The child was returned to the father’s care

The outcome allowed our client to resume caring for his child after facing extremely serious allegations of physical abuse.

Why This Case Matters

When a child suffers an unexplained injury, both parents or carers can initially fall within what is sometimes described as the pool of possible perpetrators.

This case demonstrates why it is essential to examine not only how an injury occurred, but also the medical evidence concerning when it occurred and who could realistically have been responsible.

In this case, careful consideration of the evidence established that our client could not have caused the injuries, resulting in his complete exoneration and the return of his child to his care.

Facing Similar Allegations?

If you have been accused of causing a non-accidental injury to your child, specialist legal representation can be crucial. Cases involving fractures, bruising or suspected shaking frequently involve complex medical evidence that needs to be carefully examined and challenged where appropriate.

Contact us today for confidential advice and support.