Torticollis & Legal Compensation for Related Medical Errors
When a child goes through a difficult labor and delivery, they may develop a condition known as torticollis. This condition also may arise when a fetus was positioned feet-first or squeezed tightly inside the womb. Torticollis literally means a twisted neck, and it involves a persistent head tilt to one side. A child with torticollis may have trouble turning their head.
Torticollis may not be avoidable, especially when it arises from the positioning of the fetus. However, some cases result from medical errors, such as the improper use of forceps or vacuum extraction devices during childbirth. Torticollis has been linked to excessive pressure on the sternocleidomastoid muscle, which runs from the ear to the clavicle on each side of the neck. This pressure can lead to muscle tightness and impingements on movement. Torticollis can worsen if a doctor does not address it promptly. A child may suffer from complications that affect their balance, gaze, and head shape.
Symptoms and Diagnosis of Torticollis
Torticollis tends to affect the right side of an infant more often than the left side. A child with torticollis may tilt their head in one direction, visibly exert themselves to turn their head, or experience problems with breastfeeding, such as predominantly using one breast. They also may try to look over their shoulder in situations in which a child without this condition would turn to follow with their eyes. Muscle tightness may cause lumps in the neck, while constantly lying in the same direction may flatten the head of a child on one side.
Doctors can conduct physical and neurological exams to determine whether a child suffers from torticollis. Among other indicators, a doctor may look for problems with range of motion, asymmetry of the head, or lumps in the sternocleidomastoid muscle.
Treatment for Torticollis
The most common treatment for this condition involves various forms of physical therapy. For example, a therapist may devise stretching exercises to relieve muscle tightness and strengthen the weaker side of the neck. A doctor also may recommend changes to sleep position and provide a helmet for a child to mold the shape of their head. If therapy, corrective devices, and positioning changes do not resolve torticollis, a doctor may advise surgery to relieve muscle tightness.
Compensation for Medical Errors Involving Torticollis
While torticollis is not as devastating as some types of birth injuries, it can cause significant discomfort and substantial medical costs. Medical malpractice sometimes leads to this condition when a doctor does not competently use instruments during childbirth. In other cases, a delayed diagnosis can allow torticollis to worsen needlessly, inflicting more intense suffering on a child and greater expenses on their parents. When errors by health care providers caused or exacerbated torticollis, a family can sue for medical malpractice. They may be able to receive compensation for the costs of physical therapy, corrective devices, surgeries, and other medical interventions, as well as the pain and suffering of the child.
Parents must act promptly in pursuing a medical malpractice claim. This is because state laws impose statutes of limitations that restrict the time for bringing a lawsuit. Moreover, these cases are complex and take time to assemble. They involve distinctive procedural requirements, often including an affidavit or certificate of merit from a medical expert who has reviewed the records and believes that the case is substantively solid. Parents should consult an experienced birth injury lawyer who is familiar with these nuances and can guide them through the process. They will not need to pay attorney fees unless they get compensation, after which the attorney will collect their fees as part of the settlement or verdict amount.
