WHAT IS TORTICOLLIS?

by D’Amore Injury Law | Maryland’s Top-Rated Birth Injury Law Firm

WHAT IS TORTICOLLIS?

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.

Congenital Torticollis

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.

Acquired Torticollis

Unlike congenital forms, acquired torticollis develops later in life. This type can be further categorized into several subtypes:

Muscular Torticollis: Caused by injury to the neck muscles or inflammation, this type can result from trauma or as a side effect of certain medications.
Klippel-Feil Syndrome: A congenital condition that results in the fusion of two or more cervical vertebrae, leading to neck movement restrictions.
Cervical Dystonia: Also known as spasmodic torticollis, this is a rare disorder where neck muscles contract involuntarily. Its cause is often unknown but may involve neurological dysfunction.

Torticollis And Medical Malpractice

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.

Birth Injuries Leading To Torticollis

During childbirth, the proper handling of a baby is paramount to prevent injuries. Torticollis can result from several types of birth-related medical errors:

Excessive Force: If excessive force is applied when using tools like forceps or vacuum devices, it can cause muscle strain or damage to the infant's sternocleidomastoid muscle, leading to congenital torticollis.
Nerve Damage: The brachial plexus, a network of nerves that sends signals from the spine to the shoulder, arm, and hand, can be damaged during a difficult delivery. This injury can also extend to affect the muscles in the neck, resulting in torticollis.
Delayed C-Section: A delayed cesarean section can lead to prolonged labor, which may increase the risk of the baby being in a compromising position, potentially causing neck muscle or nerve damage.

Surgical Errors And Acquired Torticollis

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:

Improper Technique: A surgeon's failure to execute proper technique or to navigate the delicate structures of the neck and spine with due care can lead to acquired torticollis.
Postoperative Care: Negligence in postoperative care, leading to infection or inadequate healing, can also result in conditions that promote the development of torticollis.
Failure to Diagnose: A surgeon's failure to recognize and properly treat postoperative complications that could lead to torticollis may be considered malpractice.

Medication Side Effects And Provider Responsibility

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:

Duty to Inform: Physicians must inform patients about the potential side effects of medications, especially when prescribing drugs known to affect muscle control.
Monitoring:Regular monitoring for side effects is crucial, and failure to do so may be negligent.
Alternative Treatments: Providers should consider alternative treatments if a patient has a history of muscle-related side effects from medications.

Liability For Torticollis

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.

Bringing A Medical Malpractice Lawsuit Based On Torticollis

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:

Establishing a Professional Duty: Demonstrating that there was a doctor-patient relationship, which created a duty of care.
Proving Breach of Standard of Care: Showing that the healthcare provider's actions were not in line with what a reasonably skilled healthcare provider would have done under similar circumstances.
Causation: Linking the provider's breach directly to the injury, meaning the torticollis.
Quantifying Damages: Determining the physical, emotional, and financial impact of the torticollis.

Types Of Damages Available To Victims Of Torticollis

The types of damages available to a victim of torticollis will vary based on the specifics of the case but generally include:

Economic Damages: These are calculable costs such as medical bills, rehabilitation expenses, and lost wages. Future economic losses, like ongoing therapy or lost earning capacity, can also be included.
Non-Economic Damages: These damages compensate for the intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages: In rare cases where the conduct of the healthcare provider was particularly offensive or extreme, punitive damages may be ordered to punish the wrongdoer and deter similar conduct in the future.

Expert Birth Injury Attorneys At D'Amore Personal Injury Law

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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