Newborn Neck Injury Symptoms

Chicago Newborn Neck Injury Symptoms Lawsuit

A newborn neck injury refers to any damage or trauma to the muscles, bones, nerves, or soft tissues in a newborn’s neck.

These injuries can occur during childbirth, particularly if the delivery was difficult, prolonged, or involved certain complications. 

Common causes and symptom of newborn neck injuries include:

• Infant Torticollis (Wry Neck or also called Congenital Muscular Torticollis). This is when a muscle in the neck, typically the sternocleidomastoid, is injured or becomes tight, causing the head to tilt to one side. It may be due to the infant’s neck positioning in the womb or trauma during delivery.
• Brachial Plexus Injury. This occurs when the network of nerves in the neck and shoulder that controls the arm and hand is stretched or torn during birth, often due to shoulder dystocia (when the child’s shoulders gets stuck during delivery).
• Clavicle (Collarbone) Fracture. A relatively common birth injury, this happens when pressure during delivery causes a break in the collarbone, which is close to the infant’s neck.
• Soft Tissue Injury. Bruising or swelling in the neck muscles or other soft tissues can result from pressure applied during birth.
• Cervical Spine Injury. Though rare, this type of injury involves damage to the bones or nerves of the spinal column in the neck. It can be very serious and may affect movement or breathing.

Spinal Cord Injury Infant Symptoms

Spinal cord injuries in newborns refer to damage to the spinal cord that occurs during or shortly after birth, often due to trauma or complications during delivery.

Injuries to the spinal cord can lead to a range of serious complications.

How Do Spinal Cord Injuries In Newborns Happen?

Potential causes of spinal cord injuries in newborns include:

• Delayed C-sections. If a C-section is delayed or not performed in time during complicated deliveries, the baby can experience prolonged pressure on the spinal cord.
• Traumatic Birth. Traumatic birthing experiences can also result in spinal cord injuries to infants. It includes the use of excessive force during delivery, such as pulling or twisting the baby’s neck muscles or back, improper use of delivery instruments like forceps or vacuum extractors, breech position deliveries (feet-first), or shoulder dystocia (where the baby’s shoulder gets stuck behind the mother’s pelvic bone).
• Congenital Abnormalities. A congenital abnormality (such as a malformation of the spine or spinal cord) may make a newborn more susceptible to neck and shoulder muscles problems (or spinal cord injuries).
• Intrauterine Trauma. Rarely, trauma that occurs in the womb, such as from an accident or maternal injury, can cause spinal cord damage in the fetus.
• Infection or Inflammation. In rare cases, infections or inflammatory conditions affecting the mother can lead to spinal cord issues in the baby, although these are less likely than physical trauma.

 Is Your Newborn Showing Symptoms Of A Neck Injury?

A neck injury in a newborn can present in several ways, depending on the severity and type of the injury. 

Common physical signs and symptoms to look for include:

• Swelling or bruising around the neck or head area – swollen neck muscles.
• Limited neck movement, tense neck muscles, the child’s head tilts, chin tilts, or the baby seems to hold their neck stiffly.
• Asymmetrical head position (infant torticollis) where the baby’s head tilts to one side.
• Unusual posture of the arms, indicating nerve damage (like brachial plexus injuries).
• Weakness in the arms or legs on one side of the body (may suggest nerve damage).
• Breathing difficulties, since neck trauma can affect the airway.
• Fussiness or excessive crying when the neck is touched or moved.
• Developmental delays in milestones such as holding up their head or moving their limbs.

Common neurological signs and symptoms to look for include:

• Seizures, which may occur if the neck injury impacts the brain.
• Lethargy or an unusual level of sleepiness.
• Abnormal reflexes or weak sucking or moro reflexes (the startle reflex, it involves the palms out and the thumbs up and flexed as if the infant is falling).

What Should I Do If My Newborn Shows Neck Injury Symptoms

If your newborn shows signs of a neck injury, seek immediate medical attention.

A doctor will assess the injury, conduct necessary imaging tests (like X-rays or MRIs), and determine the severity.

Early diagnosis and early treatment, such as physical therapy, or in severe cases, surgery, can help prevent long-term complications.

Do Newborn Neck Injury Symptoms Indicate Medical Negligence?

Yes, if a neck injury in a newborn occurs due to medical malpractice, you may be able to file a lawsuit.

Medical malpractice refers to a situation where a healthcare provider fails to meet the standard of care, resulting in injury. 

Examples of doctors or other healthcare professionals potentially failing to meet the standard of care during childbirth include:

• Improper use of birth-assisting tools (forceps or vacuum).
• Failure to perform a timely C-section in the event of a difficult delivery.
• Excessive pulling or twisting of the baby during delivery.
• Inadequate monitoring of the baby during labor and delivery.

If you suspect malpractice, you would need to consult a medical malpractice attorney who specializes in Chicago birth injuries and practices in your jurisdiction. 

Our Experience With Newborn Neck and Spinal Cord Injury Lawsuits

Chicago Medical Malpractice Lawyers are a law firm specializing in medical malpractice with extensive experience representing clients in cases involving birth injuries, including newborn neck and spinal cord injuries. 

We have successfully litigated numerous cases where patients suffered harm due to spinal and neck injuries in newborns, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of medical malpractice cases we’ve handled include settlements of over $1,000,000.

Understanding How Spinal Cord Injuries Affect Newborns

Spinal cord injuries in newborns can have serious and long-lasting effects, depending on the location and severity of the injury.

Some of the major impacts of a newborn neck injury include:

• Paralysis And Loss Of Mobility. Partial or full paralysis may occur below the level of the injury, affecting the arms, legs, or both (paraplegia or quadriplegia). Infants may have difficulty moving or controlling their limbs, and in severe cases, they may not be able to move certain body parts at all.
• Breathing Problems. Child’s Throat. Injuries to the upper spinal cord (particularly in the neck) can impact the nerves that control breathing, potentially leading to respiratory difficulties or the need for assisted breathing.
• Lack of Reflexes or Weakness. Newborns may show weak or absent reflexes, like sucking or gripping, which can affect feeding and motor development. Muscle weakness or floppiness (hypotonia) is common, especially in the limbs below the injury site.
• Loss of Sensation. There may be a reduced ability to feel pain, temperature, or touch in areas of the body below the injury. This lack of sensation can increase the risk of unrecognized injuries or pressure sores.
• Developmental Delays. Spinal cord injuries can delay or prevent normal motor milestones, such as rolling over, sitting, or crawling, depending on the severity.
• Bladder And Bowel Dysfunction. Damage to the spinal cord can interfere with the baby’s ability to control their bladder and bowel movements, leading to incontinence or the need for medical management as they grow.
• Long-term Care Needs. Many newborns with spinal cord injuries require a lifelong physical therapist, occupational therapy, and medical interventions to manage mobility, muscle tone, and other complications.

Early diagnosis and treatment, including rehabilitation, physical therapy, stretching exercises, certain medications, and sometimes surgery, can help improve the quality of life and manage symptoms.

However, the impact of a spinal cord injury often remains permanent, requiring ongoing medical and supportive care.

Impact of Spinal Cord Injuries On Child Development

Spinal cord injuries or neck injuries in newborns can significantly affect a child’s development, depending on the injury’s location and severity.

Motor development, cognitive development, sensory development, baby’s attention span, and social and emotional development are all affected. 

These types of birth injuries also affect bladder and bowel control and may cause long-term respiratory and feeding issues. 

Motor Development

Neck or spinal cord injuries may result in delayed milestones and abnormal development.

Infants may struggle to reach key developmental milestones like tummy time, rolling over, sitting, crawling, or walking, depending on the extent of paralysis or muscle weakness.

In more severe cases, neck and spinal cord injuries during childbirth can result in partial or full paralysis below the injury site, which limits a child’s ability to move their arms, legs, or both.

This affects their overall motor skills and coordination and causes limited movement.

In addition, damage to the upper spinal cord may impair hand movements, affecting the development of fine motor skills, like grasping or manipulating objects.

Cognitive Development

While spinal cord injuries don’t typically affect cognitive function directly, the associated mobility limitations, lack of independence, and frequent medical treatments can lead to fewer opportunities for exploration and social interaction, potentially slowing cognitive development.

Therefore, affected children may experience delays in learning or problem-solving due to challenges in interacting with their environment, though cognitive abilities may remain intact.

Sensory Development

Depending on the level of the injury, children may have reduced or no sensation (pain, touch, temperature) in areas below the injury, which affects their ability to explore and interact with their environment, impacting sensory development.

Accordingly, some children who suffer from neck or spine injuries may develop difficulties with processing sensory information, especially if they experience altered sensations in parts of their body.

Emotional Development And Socialization

Children with spinal cord injuries often face emotional challenges due to physical limitations, frequent medical interventions, and dependency on others for mobility or daily tasks, which can lead to frustration or anxiety.

Mobility limitations can reduce opportunities for play and socialization with peers, which are crucial for building social skills and emotional resilience.

Bladder And Bowel Control

Spinal cord injuries affecting the lower spine can lead to incontinence or difficulty controlling bowel and bladder functions, often requiring medical management. This may delay or complicate toilet training.

Respiratory Issues

Injuries to the upper spinal cord may affect the muscles involved in breathing, which can impact physical endurance and the ability to participate in physical activities as they grow due to breathing problems.

Feeding Issues

Some newborns with spinal cord injuries may experience difficulty feeding, leading to growth and nutrition challenges that could affect their overall development.

Long-Term Developmental Support

Children with spinal cord injuries often need ongoing therapy (physical, occupational, and speech) to help maximize their developmental potential. Specialized equipment, such as braces, wheelchairs, or mobility aids, may also be necessary to support independence and development.

With early intervention and continuous support, children can improve their quality of life and reach their fullest potential, though many will face ongoing developmental challenges.

Spinal Cord Injuries: Coordinated Diagnostic Infant Care

Spinal cord injuries involves a multidisciplinary approach to diagnosing and managing the complex medical, developmental, and rehabilitative needs of infants with spinal cord injuries. 

This type of coordinated diagnostic infant care ensures that different healthcare specialists work together to provide a comprehensive and individualized care plan. 

Multidisciplinary Teams For Newborn Spinal Cord Injuries

Coordinated care involves a multidisciplinary team of specialists, which may include:

• Pediatric Neurologists to assess the extent of spinal cord injury and manage neurological impacts.
• Neurosurgeons to evaluate whether surgery is needed to stabilize the spine or relieve pressure on the spinal cord.
• Physical and Occupational Therapists to develop plans for mobility, muscle strengthening, and developmental support.
• Pediatricians to oversee the overall health and growth of the infant.
• Orthopedists to manage any bone or joint-related issues, such as scoliosis, that may arise from spinal injuries.
• Urologists and Gastroenterologists to address bladder and bowel dysfunction, which is common in spinal cord injuries.
• Respiratory Therapists to assist with breathing difficulties if the injury affects the muscles involved in respiration.Diagnostic Imaging and Testing for Newborn Neck Injuries

Diagnostic care involves imaging and tests to uncover the extent or severity of the neck or spinal cord injury, including:

• MRI and CT scans are crucial for diagnosing the severity and exact location of the spinal cord injury. They help determine the extent of nerve damage and whether surgical intervention is needed.
• X-rays are used to assess bone fractures or dislocations that might be contributing to spinal cord issues.
• Neurological testing, including assessments of reflexes, muscle strength, and sensory responses to gauge the level of neurological function.

Early Intervention And Ongoing Care For Infant Neck Injuries

A physical therapist should begin therapy as early as possible to prevent muscle atrophy and promote mobility, even if full function cannot be restored, along with occupational therapy to teach the child compensatory techniques to use their remaining abilities to the fullest.

Regular evaluations of motor and cognitive milestones plus regular check-ins with the care team to monitor progress and adjust the treatment plan as the child grows.

Spinal cord injuries may affect development differently, requiring updated therapeutic interventions and equipment like braces or wheelchairs.

Parents and caregivers should also be taught how to support the baby’s development, manage medical equipment, and handle physical challenges at home.

Counseling or support groups may be offered to help families cope with the emotional and logistical challenges of caring for an infant with a spinal cord injury.

Long-term Care Planning For Newborns With Neck Injuries

Coordinated care also looks beyond infancy, preparing a roadmap for long-term rehabilitation and future interventions as the child matures, ensuring ongoing support for physical and cognitive development.

This coordinated approach is critical for managing spinal cord injuries in infants, as it ensures that all aspects of the child’s health and development are addressed in a comprehensive and synchronized manner.

Definitions And Background Information On Newborn Neck Injury Lawsuits

What is a newborn neck injury?

A newborn neck injury can involve damage to the baby’s muscle tissue, the baby’s neck muscle, nerve damage, or spinal cord, often resulting from difficult or traumatic delivery.

Symptoms may include swelling, limited neck movement, or weakness in the arms, and serious cases can lead to breathing difficulties or developmental delays.

What are the risk factors for newborn neck or spinal cord injuries?

Certain factors may increase the risk of neck injuries in newborns, including prolonged labor, difficult deliveries, maternal health conditions (such as gestational diabetes or hypertension), fetal macrosomia (a large baby), and the use of delivery instruments like forceps or vacuum extractors.

How long do you have to file a claim for a newborn neck injury?

The time limit to file a claim for any kind of birth injury varies by jurisdiction but typically ranges from 1 to 3 years from the date of discovery of the injury or the date it reasonably should have been discovered.

In Illinois, the statute of limitations for filing a birth injury claim is typically within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

Can you file a claim against a doctor for a neck or spinal cord injury in a newborn?

Yes, you can file a claim against a doctor for a neck or spinal cord injury occurring during childbirth if you believe that the injury resulted from the doctor’s negligence, failure to provide a standard level of care, or other wrongful actions or omissions during prenatal care, labor, or delivery.

Can you file a claim against your OB for a neck or spinal cord injury?

Yes, it’s possible to file a claim against an obstetrician (OB) for this type of birth  injury if there’s evidence of negligence or malpractice that led to the injury.

Neck and spinal cord injuries can have long-lasting consequences for both the child and the family, so it’s important to seek legal advice if you believe negligence played a role. 

Can you file a claim against a hospital for a newborn neck or spinal cord injury?

Yes, you can file a claim against a hospital for a birth injury if you believe that the neck or spinal cord injury resulted from negligence, improper procedures, inadequate staffing, or other failures on the part of the hospital or its staff.

Can you file a claim against an emergency room for a newborn neck injury?

Filing a claim against an emergency room for a spinal cord or neck injury that occurred during childbirth is less common but not impossible. 

If a pregnant woman or newborn receives negligent care or suffers harm due to medical errors in the emergency room during labor or delivery, it may be possible to pursue a claim for medical malpractice against the hospital and its staff, including emergency room personnel.

However, the specifics of the case would need to be carefully evaluated to determine liability and the viability of the claim.

Will a confirmed neck or spinal cord injury automatically lead to a valid legal claim against the health care provider?

A confirmed spinal cord or neck injury does not automatically guarantee a valid legal claim against the healthcare provider. 

While the injury is a crucial factor in a potential medical malpractice claim, establishing liability requires demonstrating that it resulted from the healthcare provider’s negligence or failure to meet the accepted standard of care.

A thorough investigation, supported by medical evidence and expert testimony, is necessary to establish the elements of medical malpractice and pursue a successful legal claim.

What are the long term impacts of neck and spinal cord injuries?

Spinal cord and neck injuries can have lifelong consequences, impacting the child’s physical health, cognitive development, and overall quality of life.

They may require ongoing medical care, rehabilitation, and support services.

If I die or my child dies as a result of a spinal cord or neck injury, will the claim die as well?

If you or your child die as a result of a birth injury, your claim may transition to a wrongful death claim, allowing certain family members or beneficiaries to pursue legal action on your behalf.

How long do I have to file a lawsuit, and how long is it likely to take before I receive compensation?

The time limit to file a lawsuit for a newborn neck or spinal cord injury varies by jurisdiction, typically ranging from 1 to 6 years, while the duration to receive compensation can vary significantly depending on factors such as case complexity and negotiations, potentially taking months to several years.

In Illinois, the statute of limitations for filing any kind of birth injury claim is typically within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

Does Illinois apply any limits on medical malpractice damages?

Illinois does not have statutory limits or caps on medical malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a Chicago birth injury lawyer or check for any updates in the law prior to making a claim, as regulations can change over time.

How much compensation can I receive in a newborn neck injury lawsuit?

The amount of compensation you can receive in a newborn neck or spinal cord injury lawsuit in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering. 

Settlements or jury awards can range from thousands to millions of dollars.

Consulting with a qualified attorney who specializes in birth injury cases in your area can provide a better estimate based on the specific circumstances of your case.

What to do if you think your child has experienced a spinal cord or neck injury?

If you or your child have suffered from any kind of birth injury, consider seeking a second opinion from another healthcare provider, gather all relevant medical records and documentation, and consult with a qualified medical malpractice attorney to explore your legal options.

How do you prove a neck injury or spinal cord injury occurred in a newborn?

Proving that such an injury occurred involves gathering medical records, consulting with medical experts, and conducting a thorough review of the circumstances surrounding the childbirth process. 

Medical evidence such as diagnostic tests, imaging studies, and expert testimony can help establish the extent of the injury and its likely cause. 

Documenting any deviations from the accepted standard of care, such as errors in medical judgment or failure to respond appropriately to complications during labor and delivery, is crucial in demonstrating medical negligence and establishing liability for the neck or spinal injury.

When a neck injury is listed on an insurance claim​ form for childbirth, what will​ happen?

When any kind of injury is listed on an insurance claim form, the insurance company will typically review the claim to assess liability and determine coverage.

Depending on the circumstances, they may conduct their own investigation, request additional information or documentation, and may ultimately approve or deny the claim based on the terms of the policy and their assessment of the situation. 

If the claim is approved, the insurance company may provide compensation to cover medical expenses and other damages resulting from the injury, subject to the limits of the policy and any applicable deductibles or copays. 

If the claim is denied, the claimant may have the option to appeal the decision or pursue other avenues for seeking compensation, such as filing a lawsuit against the responsible parties.

How many newborn neck injuries occur during childbirth per year?

The exact number of birth injuries per year can vary depending on various factors such as region, healthcare practices, and population demographics.

Birth injuries are relatively rare, occurring in a small percentage of births. 

In the United States, for example, it’s estimated that neck injuries or trauma  occur in approximately 0.82% of live births.

However, these figures can fluctuate over time and may be influenced by improvements in obstetric care, advances in medical technology, and efforts to reduce the risk of complications during childbirth.

My doctor caused a neck injury to my newborn. Now what?

If you believe your doctor caused a neck injury or any other kind of birth injury, the first step is to seek immediate medical attention and a physical exam for your child to address any urgent medical needs.

It’s also essential to gather and organize all relevant medical records and documentation related to the childbirth process and the injury sustained. 

 Next, consult with a qualified attorney experienced in medical malpractice and birth injury (ideally specifically neck injuries in newborns) cases in your jurisdiction to discuss your legal options. 

Your attorney can help you understand your rights, navigate the legal process, and pursue compensation for the damages incurred as a result of the birth injury, including medical expenses, pain and suffering, and other losses.

Can you file a claim for a newborn neck injury?

Yes, you can file a claim for a newborn neck injury if you believe that the injury resulted from medical negligence or malpractice during prenatal care, labor, or delivery.

Filing a claim allows you to seek compensation for the damages incurred as a result of this type of birth injury, including medical expenses, pain and suffering, and other losses. 

It’s advisable to consult with a qualified attorney experienced in medical malpractice and birth injury cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have A Newborn Neck Or Spinal Cord Injury Case In Chicago, Illinois

Do you think you have a medical malpractice case based on a neck or spinal cord injury at birth that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys today.