by D’Amore Injury Law | Maryland’s Top-Rated Birth Injury Law Firm
Living with torticollis can be a challenging and emotional journey, marked by discomfort and uncertainty. When this condition stems from medical negligence, the physical strain is compounded by a sense of injustice. Recognizing the profound impact torticollis can have on one’s quality of life, our Baltimore Birth Injury Attorneys are dedicated to shedding light on the critical aspects of this condition, including the legal rights that may be available to you or your loved ones.
Torticollis, also referred to as “wry neck,” is a condition characterized by an irregular, asymmetrical neck or head position, which can be due to a variety of reasons. This disorder can be troubling, affecting one’s quality of life, and in certain instances, may be the result of medical malpractice.
A common type of torticollis is congenital torticollis, which is present at birth or develops shortly thereafter. It typically arises from an excessive or shortening contraction of the sternocleidomastoid muscle in the neck. This muscle imbalance results in tilting the head to one side while the chin points to the opposite side. While the exact cause is not always clear, it is sometimes associated with abnormal positioning in the womb or a difficult childbirth.
Unlike congenital forms, acquired torticollis develops later in life. This type can be further categorized into several subtypes:
The development of torticollis in infants and adults can sometimes be traced back to medical malpractice. Understanding how medical negligence can lead to torticollis is critical for affected individuals and their families.
During childbirth, the proper handling of a baby is paramount to prevent injuries. Torticollis can result from several types of birth-related medical errors:
Surgical interventions near the neck or spine are complex and carry inherent risks. However, medical malpractice may be involved if torticollis develops due to preventable surgical errors:
Certain medications can have side effects that induce muscle spasms or stiffness, potentially leading to torticollis. Health care providers are responsible for managing such risks:
When torticollis is caused by medical malpractice, the liable parties could include a range of healthcare professionals.
If torticollis occurs as a birth injury, the obstetrician, midwife, or other attending healthcare professionals during childbirth might be liable if their actions deviated from the standard of care expected. This deviation can include improper handling of the infant during delivery or failure to treat or diagnose a prenatal condition that could lead to torticollis. Hospitals can also be held liable for systemic issues such as inadequate staff training or understaffing that contribute to the condition.
In cases where torticollis develops later in life due to medical treatment, such as through chiropractic manipulation, the chiropractor might be liable if the manipulation was performed incorrectly or without proper consideration of the patient’s medical history. Similarly, any medical professional whose actions can be directly linked to the development of torticollis might be considered liable under the law.
To bring a medical malpractice lawsuit based on torticollis, the victim must establish that a healthcare provider breached the standard of care, and that breach directly caused the torticollis. This process generally requires the testimony of medical experts who can testify about the standard of care and causation.
The steps in a medical malpractice lawsuit typically include:
The types of damages available to a victim of torticollis will vary based on the specifics of the case but generally include:
If you or someone close to you is suffering from torticollis due to medical negligence, it’s crucial to recognize that you are not alone. The path to healing includes not only medical care but also legal remedies that can provide financial support and peace of mind during this difficult time. At D’Amore Personal Injury Law, LLC, our torticollis attorneys are ready to listen to your story, evaluate your case, and assist you through each step towards achieving the compensation you rightfully deserve. Don’t let the window of opportunity for justice close; reach out to us by calling (410) 324-2000 or by visiting our contact page.
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