Last Updated on August 9, 2024

What is Cervical Dystonia? And Is It Considered Malpractice?

Cervical dystonia, also known as spasmodic torticollis, is a neurological movement disorder that primarily affects the muscles of the neck. It causes involuntary contractions of these muscles, leading to abnormal movements and postures of the head and neck.

While cervical dystonia is not typically directly caused by errors during childbirth, some birth-related factors due to negligence may increase the risk of developing this condition or other movement disorders. Any actions/inactions by negligent medical professionals may warrant further legal actions and may be considered as malpractice. 

Through a medical malpractice claim, affected families may be legally compensated – ensuring that their affected child can recuperate and develop in the best way possible.

What is Cervical Dystonia?

There are several types of cervical dystonia, categorized based on the direction and pattern of abnormal head and neck movements. While most cases are brought forth by genetic conditions, mishandled birthing procedures can also increase the chance of children contracting this condition. The main types include:

TYPEDESCRIPTION
TorticollisThis is the most common type. It involves the rotation of the head, typically with the chin turned toward one shoulder.
LaterocollisThis involves tilting the head to one side, with the ear moving towards the shoulder.
RetrocollisType wherein the head tilts backward, with the extension of the neck.
AnterocollisType wherein the head tilts forward, with flexion of the neck.
Combination typesMany patients also experience a combination of these movements. For example, torticollis with laterocollis is fairly common.
Tremor-dominantSome patients primarily experience tremors in the head or neck rather than sustained postures.

While cervical dystonia is typically a long-term condition, its impact can often be managed effectively with proper treatment and care. The outlook can vary significantly from person to person, so individuals with cervical dystonia need to work closely with their healthcare providers to develop and adjust their treatment plans over time.

Errors that Can Cause Cervical Dystonia

It's important to note that the exact causes of cervical dystonia are ambiguous in many cases. However, some birth-related factors have been associated with an increased risk. They are as follows:

  1. Birth trauma
  • Injury to the neck or upper spine during delivery
  • Excessive force used during assisted delivery (forceps or vacuum extraction)
  1. Oxygen deprivation (birth asphyxia)
  • Prolonged lack of oxygen during birth can lead to brain damage, potentially affecting areas that control movement
  1. Premature birth
  • Preterm infants are at higher risk of various neurological complications
  1. Infections during pregnancy or at birth
  • Certain infections that affect the developing brain may increase the risk of movement disorders
  1. Medication use during pregnancy
  • Some medications taken during pregnancy might affect fetal brain development

Medical providers have a responsibility to monitor pregnancy, manage risks, and ensure safe delivery. They should follow best practices, provide informed care, and take appropriate action to prevent or mitigate adverse conditions. Doctors and medical teams who have performed poorly based on set standards of care may always be held liable.

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How Can You Tell If a Child Suffers from Cervical Dystonia?

Recognizing cervical dystonia in babies can be challenging, as they cannot verbalize their discomfort. If any of these signs persist, please consult a pediatrician for evaluation:

  • Persistent head tilt or turn in one direction
  • Difficulty feeding from one breast or bottle side
  • Preference for looking in only one direction
  • Asymmetrical crawling or movement patterns
  • Irritability when placed in certain positions
  • Delayed or asymmetrical motor milestones
  • Unusual neck muscle tightness
  • Difficulty with tummy time
  • Asymmetrical hair loss on one side of the head
  • Reluctance to turn head during play or when called

Immediate medical intervention is crucial in preventing the condition from worsening. This would also ease your child from any unnecessary pain or discomfort. Timely coordination with the right professionals betters a child’s developmental trajectory.

Diagnosis and Treatments for Cervical Dystonia

Parents may reach out to pediatricians, pediatric neurologists, or motor disorder specialists to get their children tested for cervical dystonia. Your child may be subjected to various tests which may include:

  • Physical examination
  • Neurological exam
  • Medical history review
  • Electromyography (EMG)
  • Imaging tests (i.e., MRI or CT Scan)
  • Genetic testing (if hereditary factors are suspected)
  • Blood tests

There are several conventional treatments for cervical dystonia. Doctors usually tailor prescribed treatments based on the severity and type of the condition; as well as other personal factors (e.g. age of the child, overall health, response to previous treatments, etc.).

Some of the more conventional treatments for cervical dystonia include:

1. Botulinum toxin injections
2. Oral medications (e.g., anticholinergics, muscle relaxants, etc.)
3. Physical therapy
4. Occupational therapy
5. Deep brain stimulation (in severe cases)
6. Selective denervation surgery (rarely used)

All medical expenses (past and future) are considered in a medical malpractice claim. Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins.

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Establishing a Birth Injury Claim

Before filing your claim, an initial investigation is needed to establish your case. Your birth injury lawyer would need to establish four key elements during this initial investigation. These key elements include:

1. Duty of Care – Was there an appropriate doctor-patient relationship?
2. Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care?
3. Causation – Did your doctor’s actions/inactions directly cause you harm?
4. Damages – What did these errors cost you?

After this initial investigation, your legal counsel will oversee all official fillings and request any additional pieces of evidence that may be relevant to your case. Your lawyer is also responsible for negotiating compensation with the liable party.

Speak with a Birth Injury Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.

Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on August 9, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on August 9, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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