Common Causes of Torticollis Linked to Medical Negligence
While some cases of torticollis occur naturally, others may arise from improper medical care, such as:
- Birth Trauma: The misuse of forceps or vacuum extractors during delivery can injure the baby's neck muscles.
- Improper Monitoring of Fetal Position: Neglecting to monitor the baby’s position during labor can lead to prolonged pressure on the neck muscles.
- Delayed Diagnosis: Failing to identify and treat torticollis soon after birth can worsen the condition.
- Negligence in Postnatal Care: Skipping key assessments or neglecting early treatments, like physical therapy, can escalate the issue.
Whatever the cause, if medical negligence contributed to your child’s torticollis diagnosis, you have the right to seek legal action.
Signs and Symptoms of Torticollis
Recognizing torticollis early is essential for effective treatment. Common signs in infants include:
- Head Tilt: The baby’s head consistently tilts to one side.
- Limited Neck Movement: Difficulty turning the head side-to-side or up and down.
- Facial Asymmetry: Uneven features may develop over time from the persistent tilt.
- Flat Spot on the Head (Plagiocephaly): A flat area may form on one side of the baby’s head due to prolonged pressure.
- Small Lump in Neck: A soft lump may be felt in the neck muscle.
- Difficulty Feeding: Trouble nursing on one side may indicate restricted movement.
If your baby displays these symptoms, consult a healthcare provider immediately. If you suspect medical errors played a role, reach out to a birth injury attorney in Santa Fe without delay.
A lawyer who understands torticollis cases can also coordinate with your child’s current medical providers to better understand the long-term outlook and how the condition may affect schooling, activities, and daily life. This information is often critical when building a claim, because it helps ensure that any settlement or verdict considers the full cost of therapies, adaptive equipment, and other support your child may need as they grow.
How Torticollis Can Impact Your Child’s Development
When untreated, torticollis can lead to lifelong physical, developmental, and emotional challenges, such as:
- Motor Delays: Restricted neck movement can impair milestones like rolling over, crawling, or reaching.
- Vision Issues: A constant head tilt may affect depth perception and visual tracking.
- Muscle Imbalance: One side of the body may become overly dominant, leading to asymmetry and coordination issues.
- Long-Term Disabilities: Severe cases can result in chronic pain, limited mobility, and difficulty performing everyday tasks.
Early diagnosis and intervention are crucial in minimizing these complications. However, if negligence plays a role in causing or exacerbating the condition, you may be entitled to legal recourse.
Your Legal Rights in Torticollis Cases
Parents of children with torticollis connected to medical negligence may pursue a medical malpractice claim. To succeed, the following elements must be proven:
- Duty of Care: The healthcare provider owed your child a professional standard of care.
- Breach of Duty: This duty was breached through negligence, such as improper use of delivery tools or missed diagnoses.
- Causation: The breach directly caused or worsened your child’s torticollis.
- Damages: Your family suffered consequences like medical expenses, emotional distress, or developmental challenges as a result.
With the support of a Santa Fe torticollis lawyer, you can hold medical providers accountable and demand justice for your child.
A torticollis attorney in Santa Fe can guide you through each step of the legal process, from preserving medical records and consulting with qualified medical witnesses to filing a lawsuit in the appropriate New Mexico court if settlement talks are not productive. Many birth injury cases in the Santa Fe area may be filed in the First Judicial District Court, which serves Santa Fe County, and having a lawyer who is familiar with local procedures can help your family move through the system with more confidence.
What Compensation Can You Seek?
Victims of birth injuries like torticollis may be eligible for damages to cover the following costs and hardships:
- Medical Expenses: Reimbursement for initial and ongoing treatments, such as physical therapy and surgical interventions.
- Future Care Needs: Anticipated costs for long-term care, special equipment, or support services.
- Lost Wages: Compensation for parents who take time off work to care for their child.
- Pain and Suffering: Acknowledgment of the emotional toll on both the child and family.
- Educational Support: Funding for therapies or educational services to address developmental delays.
Our team at James Wood Law will thoroughly evaluate your case to identify all potential damages, ensuring that your family receives full and fair compensation.
Why Choose James Wood Law?
At James Wood Law, we understand the heartbreak and frustration families face when a child’s injury could have been prevented. Here’s why families across New Mexico trust us to handle their birth injury claims:
Families choose our firm for several important reasons:
- Experience You Can Count On: Our team has decades of experience in birth injury and medical malpractice cases.
- Compassionate Advocacy: We provide empathetic guidance while fighting aggressively for the justice you deserve.
- Proven Results: Our record of successful verdicts and settlements speaks to our dedication and knowledge in complex medical cases.
- No Fees Unless We Win: We work on a contingency basis, so you don’t pay attorney fees unless we secure compensation for your family.
When you choose James Wood Law, you gain a legal partner committed to protecting your child’s future.
In torticollis cases, we draw on our focused experience in medical negligence to identify what went wrong and who should be held responsible, whether it is an individual provider, a hospital, or another facility involved in the delivery. Because we limit our practice to serious injury and wrongful death matters, we are able to devote the time and resources needed to fully develop complex medical evidence. We also understand how overwhelming it can be to balance medical appointments at facilities in Santa Fe or Albuquerque with everyday responsibilities, so we strive to make communication with our office as straightforward and supportive as possible.
How We Investigate Torticollis Malpractice Claims
Families often wonder what happens behind the scenes after they first reach out to an attorney about a potential malpractice-related birth injury. At James Wood Law, we follow a careful and methodical process to understand how your child’s torticollis developed and whether it could have been prevented. This investigation helps us give you clear advice about your legal options and what pursuing a claim might involve for your family.
We start by obtaining and reviewing prenatal, labor and delivery, and newborn records, as well as imaging studies and therapy notes, to look for signs that proper procedures were not followed. We then work with qualified medical professionals who can evaluate whether your child’s condition is consistent with a natural occurrence or more likely related to avoidable trauma or delayed diagnosis. When appropriate, a torticollis lawyer Santa Fe families trust may also gather information from hospitals and clinics in the Santa Fe and Albuquerque areas to better understand staffing levels, policies, and communications that may have affected the care you received.
As the investigation develops, we keep you informed and involved in key decisions, such as whether to move forward with a formal claim or lawsuit in a New Mexico court. We explain each step in plain language, including how expert testimony works, what deadlines might apply, and what to expect if the case proceeds to negotiation, mediation, or trial. Throughout the process, our goal is to reduce your stress so that you can focus on your child’s medical needs while we focus on the legal details.
Contact a Santa Fe Torticollis Lawyer Today
If you believe medical negligence contributed to your child’s torticollis diagnosis, don’t wait to seek legal guidance. At James Wood Law, our birth injury attorneys in Santa Fe are ready to fight for justice and the resources your child needs to thrive.
Together, we will evaluate your case, explain your rights, and pursue the compensation your family deserves. Take the first step toward accountability and healing by reaching out now.
Contact us today at (888) 579-3866 for a free, no-obligation consultation.
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