Case Study: Spiral Fracture to the Femur Successfully Found to Be Accidental

Case Overview

Issue: Alleged non-accidental spiral fracture to a child’s femur

Our Client: Mother

Court Process: Finding of Fact Hearing

Outcome: Injury found to be accidental and proceedings dismissed

The Situation

We represented a mother in care proceedings after one of her children sustained a spiral fracture to the left femur.

The treating clinicians initially considered the injury to be non-accidental. Concerns were raised because the explanation provided by the parents was not believed to be consistent with the type of fracture identified.

The parents explained that:

• The injured child had been asleep on a bed
• An older sibling had been bouncing on the bed nearby
• The sibling may have accidentally landed on the child, causing the injury

Despite this explanation, medical professionals considered the injury suspicious, leading to safeguarding concerns and court proceedings.

Expert Medical Evidence

Given the seriousness of the allegations, independent medical experts were instructed to assist the Court, including a paediatrician and radiologist.

The expert evidence focused on:

• The nature of the spiral fracture
• Whether the injury mechanism described by the parents was medically possible
• Whether the injury was more consistent with accidental or inflicted trauma

The Court’s Findings

Following a Finding of Fact Hearing, the Court carefully considered all of the evidence, including the expert medical opinions and the parents’ account of events.

The Court ultimately concluded that:

• The injury was accidental in nature
• The explanation provided by the parents was plausible
• The fracture had been caused by a purely unfortunate accident as described by the family

No findings of deliberate harm were made against either parent.

The Outcome

As a result of the Court’s findings:

• The children were returned to the care of their parents
• The proceedings were dismissed
• The allegations of non-accidental injury were not upheld

Why This Case Matters

Cases involving fractures in children can quickly lead to allegations of non-accidental injury, particularly where medical professionals initially consider the explanation inconsistent with the injury.

This case highlights the importance of careful examination of medical evidence, independent expert opinion, and ensuring parents’ explanations are fully considered before conclusions are reached.

Need Advice in a Similar Situation?

If you are facing allegations relating to injuries to your child, it is important to seek specialist legal advice as early as possible.

Contact us today for confidential advice and support.