Torticollis is a medical condition in which a person’s neck muscles are twisted, causing their head to tilt to one side and chin to point down. The term comes from the Latin for “twisted neck.” It often results from birth trauma, specifically during deliveries involving the use of an extraction assistance device such as forceps or a vacuum.
If your baby suffered torticollis from a birth injury, you may have grounds to pursue damages from your doctor or other healthcare professional in a medical malpractice lawsuit. A lawyer from Pintas & Mullins can help you gather evidence and file a compelling claim. We fight for the rights of injured patients and their families. For a free, no-risk case evaluation with a member of our team, call us today at 888-526-8947.
If Your Child Suffered a Torticollis Birth Injury, Your Doctor May Be Liable
Torticollis has a number of potential causes, of which birth trauma is one. When doctors use forceps or vacuum devices to assist with difficult deliveries, injuries to the head and neck can occur when the doctor fails to exercise the utmost care and diligence. The condition may also result from issues beyond your doctor’s control, such as your baby resting in an abnormal position during gestation.
That said, even if your doctor did not cause your baby’s torticollis via negligence during the delivery process, they have a professional responsibility to recognize the problem, diagnose it quickly, and administer the proper treatment. Doing so can minimize the chances of your baby suffering long-term complications.
Your doctor should have recognized the signs of torticollis in your baby, which can include:
- Head tilted to one side with chin pointed at the opposite shoulder
- Poor head mobility (the baby’s head doesn’t move from side to side or up and down easily)
- A soft lump in the neck muscle
- Your baby looks over their shoulder at you instead of following you with her eyes
- Difficulty breastfeeding on one side
- Your baby struggles to turn their head, and gets frustrated when trying
- A flat head on one side, the result of remaining in one position for too long due to lack of mobility
When a doctor fails to diagnose these symptoms as torticollis and to administer the proper treatment, long-term complications can result, which may include:
- Lack of control of the head
- Difficulty with eye tracking, particularly on the affected side
- Delays walking, crawling, sitting
- Difficulty feeding
- Poor balance
- Rolling onto one side only
A torticollis birth injury lawyer from Pintas & Mullins can investigate your baby’s injury and determine if your doctor or a member of her staff is liable. We can gather evidence, build a compelling medical malpractice claim, and help you recover compensation. For a free case evaluation with a member of our team, call 888-526-8947.
The Pintas & Mullins Team Helps You File a Medical Malpractice Claim for Your Baby’s Torticollis Birth Injury
The birth injury medical malpractice lawyers want to put our skills and resources to work for you. For your medical malpractice claim to be successful, we need to ensure that it proves that:
- Your doctor owed you and your baby a duty of care.
- Your doctor did not uphold their duty of care.
- Your baby suffered a torticollis birth injury because of your doctor’s failure.
- You incurred damages because of your child’s birth injury.
Duty of Care
We first have to show that your doctor, or the staff member we are claiming is responsible, owed you and your baby a duty of care. This duty exists in all doctor-patient relationships, and it applies both to the physician and to all members of their staff, including nurses, physician’s assistants, and lab technicians.
Failure to Uphold Duty
We next have to demonstrate that the responsible party did not uphold their duty of care to you and your baby. To show this failure, we can compare the party’s actions to those that one would expect from a reasonable person in the same situation. We can call in medical expert witnesses to play the role of the reasonable person. They will review the evidence and explain how they would have acted differently.
Torticollis Birth Injury
We then have to demonstrate that your baby’s torticollis birth injury resulted from the responsible party’s failure to uphold their duty of care. We can make this case by presenting several forms of evidence, including your child’s medical records, statements from other physicians, and expert witness testimony.
Economic or Non-Economic Damages
Finally, we have to list the economic and non-economic damages you have incurred because of your child’s injury.
The Pintas & Mullins Torticollis Birth Injury Lawyers Help You Recover Damages for Your Child’s Injury
Our medical malpractice lawyers can help you recover fair compensation for your child’s torticollis birth injury. This may include:
- Medical bills
- Lost wages
- Ongoing costs of care for your child
- Pain and suffering and inconvenience
- Emotional anguish
- Scarring and disfigurement