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When Infant Torticollis Warrants a Review of Delivery Records
Congenital muscular torticollis often involves the sternocleidomastoid muscle, which helps turn and tilt the head, and may be associated with positioning in the womb. A breech birth, difficult delivery, or use of delivery instruments doesn’t prove negligence, but the circumstances may warrant closer investigation.
Our torticollis attorneys investigate the facts and advise parents about available legal options. We assess whether providers recognized relevant risks, responded appropriately to complications, and met the standard of care expected from medical professionals under similar circumstances.
Records that may be relevant to this assessment include:
- Prenatal records documenting fetal position and known risk factors
- Labor and delivery records describing complications and provider responses
- Fetal monitoring strips showing the baby’s condition during labor
- Notes concerning forceps, vacuum extraction, or other delivery interventions
- Newborn examinations, imaging, pediatric records, and therapy documentation
We evaluate this evidence in the context of each child’s medical history and each family’s circumstances. We don’t assume every torticollis diagnosis has the same cause.
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What Infant Torticollis Can Look Like
Congenital muscular torticollis may become noticeable during the first several weeks after birth. A baby may favor one direction, resist turning the head, hold the head at an angle, or develop tightness on one side of the neck. Some children also develop plagiocephaly, a flat or asymmetrical head shape associated with repeated positioning.
A pediatric evaluation may consider the baby’s range of motion, muscle tightness, head position, facial symmetry, development, and possible alternative causes. A provider may recommend imaging to investigate another condition. This medical assessment is separate from determining whether an act or omission during delivery caused an injury.
Treatment & Early Documentation
Physical therapy and guided stretching are common treatments for muscular torticollis. Seattle Children’s reports that about 90% of babies with the condition improve during the first year, although each child’s progress depends on the diagnosis and response to treatment. Parents should follow instructions from their child’s pediatrician or physical therapist and shouldn’t attempt unfamiliar stretches or repositioning techniques without professional guidance.
Records showing when the head tilt first appeared, which limitations were observed, and how the child responded to pediatric physical therapy may help establish a timeline for later legal review. This information is general and isn’t a substitute for evaluation or treatment by a qualified medical professional.
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A Track Record of Success
How We Investigate a Suspected Torticollis Birth Injury
A medical negligence claim requires more than evidence that a child has torticollis. Under Washington law, the evidence generally must show that a provider failed to exercise the skill, care, and learning expected in the profession and that this failure caused a legally recognized injury.
We investigate potential birth injury claims by identifying relevant delivery decisions, comparing records from different stages of care, and assessing whether the documentation connects a provider’s conduct to the child’s condition.
A case review generally addresses four separate issues:
- Diagnosis: What condition was identified, when symptoms appeared, and whether other causes were considered
- Standard of Care: What reasonably careful providers should have done under the circumstances
- Causation: Whether a particular act or omission caused or contributed to the injury
- Damages: What medical, developmental, financial, or personal effects resulted from the injury
Medical expert review may be needed to determine whether the condition is more consistent with congenital development, positioning, an unavoidable complication, or preventable delivery-related trauma. Our familiarity with Washington medical malpractice law, local hospitals, and court systems guides how we organize and assess the evidence.
Washington Filing Deadlines
Washington’s medical negligence statute generally addresses a three-year period from the act or omission or one year from when the patient or representative discovered, or reasonably should have discovered, that the condition was caused by that act or omission, whichever is later. Other statutory exceptions may apply.
The correct deadline depends on the facts, discovery timing, defendants, and applicable exceptions. Parents shouldn’t rely on a single date without legal review.
Potential Compensation & the Next Step for Your Family
If the evidence supports a birth injury claim, potentially recoverable damages may relate to past and future medical care, physical therapy, assistive equipment, related treatment, and future limitations or care needs. The viability and value of a claim depend on the medical evidence, the cause and severity of the condition, the child’s prognosis, provider conduct, and Washington law.
We tailor our legal strategy to the evidence and the family’s needs while parents focus on caring for their child. Speaking with a torticollis lawyer doesn’t establish that negligence occurred, but it can clarify whether the delivery events and medical history warrant further investigation.
If you’re concerned that delivery-related trauma caused your child’s condition, call (206) 208-0318 to discuss the next step with Schroeter Goldmark & Bender.
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Failure to Diagnose Neonatal Hypoglycemia $17 Million Verdict
$17 million verdict in an out-of-state birth injury/hypoglycemia case. Infant left in a permanent vegetative state after a failure to diagnose neonatal hypoglycemia.
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Neonatal Resuscitation $3.4 Million Verdict
$3.4 million verdict in a birth injury/neonatal resuscitation case. Infant suffers from some developmental delay and walking disabilities caused by failure to properly resuscitate following a difficult labor.
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Shoulder Dystocia $2.7 Million Verdict
$2.7 million verdict in a birth injury/shoulder dystocia (entrapment in birth canal) case. Infant has a permanently partially disabled arm.
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Delayed Delivery $1.7 Million Verdict/Settlement
$1.7 million verdict/settlement in a birth injury/delayed delivery case. Child suffers from cognitive disabilities.
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Failure to Perform C-Section $1.5 Million Settlement
$1.5 million settlement for failure to perform a C-section to deliver a baby showing clear signs of fetal distress.
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Failure to Timely Transfer Care $1.5 Million Settlement
$1.5 million settlement for birth injury causing permanent impairment of vision resulting from failure to timely transfer care from midwife to hospital.