Genetic factors, birth injuries, metabolic disorders, or neurological damage can cause infant dystonia disorder. Early diagnosis and intervention are essential in managing symptoms and improving an infant’s quality of life. Understanding the signs and available treatments can help parents and caregivers provide the best care possible for their children.
If your child is showing signs of unusual muscle stiffness, tremors, or abnormal movements, do not wait- consult a birth injury attorney to determine if you have a valid claim against a medical provider for infant dystonia disorder.
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What Is Infant Dystonia Disorder?
Infantile dystonia disorder is a brain condition found in infants. This disorder affects a baby’s development by delaying their movement, causing involuntary muscle contractions, abnormal postures, and repetitive movements. It is a type of dystonia that leads to sustained or intermittent muscle contractions that result in twisting, tremors, or abnormal posture.
How Often Does Infant Dystonia Disorder Happen?
Fortunately, infant dystonia disorder is pretty rare. However, despite its rarity, parents who find themselves caring for an infant with this disorder might face financial devastation and emotional turmoil throughout the child’s life. A birth injury attorney can seek the recovery that you deserve if your child suffers from this birth complication.
Unique Issues That Exist in Infant Dystonia Disorder
There are some unique issues that families face as they pursue compensation for an infant dystonia disorder diagnosis. Here are some of the most critical unique issues associated with the condition:
Difficulty in Early Diagnosis and Misdiagnosis
Early diagnosis is crucial, but many infants are diagnosed later, impacting long-term care options.
Limited Treatment Options and Lifelong Management
There is no cure for dystonia. Families must prepare for a long-term care strategy with evolving treatment plans.
High Cost of Medical Care and Assistive Needs
A lawsuit can help secure your family’s financial support for ongoing medical needs.
Emotional and Psychological Toll on Families
Parents often experience stress, guilt, and burnout from managing their child’s case. The family goes through a significant amount of emotional distress.
Legal and Advocacy Challenges
Families will face legal and advocacy challenges after a diagnosis. Many families do not realize they have legal options and miss the opportunity to seek financial support. A birth injury lawyer can overcome these challenges.
Who Can Sue If an Infant Has Dystonia Disorder?
If an infant develops infant dystonia disorder due to medical negligence, birth injuries, or exposure to harmful substances, certain parties may have the legal right to sue on the child’s behalf. Here is who can typically file a lawsuit:
Parents or Legal Guardians
The child’s parents have a legal right to sue after a diagnosis. The child’s caregivers in general have the primary right to file a lawsuit on behalf of the infant.
The Infant
An infant has a legal right to sue and can pursue compensation through a guardian or legal representative. Some states allow children to file a lawsuit on their own behalf once they reach the age of majority (i.e., after the child turns 18).
The Estate of the Child
If the diagnosis ends in the death of the child, the child’s estate might have a legal right to pursue wrongful death damages, depending on state law. The parents, guardians, or the personal representative of the estate typically bring the lawsuit.
Potential Defendants in an Infant Dystonia Disorder
It is important to hold all potentially responsible parties accountable after an infant dystonia disorder diagnosis. A birth injury attorney can find and hold accountable all potential defendants. Examples of potential defendants include the following:
Hospitals and Medical Facilities
A diagnosis of infant dystonia disorder typically happens because of medical negligence. If medical errors occur during pregnancy, labor, or delivery, the hospital or medical facility can share legal accountability for the injury.
Doctors and Healthcare Providers
A doctor who fails to diagnose infant dystonia disorder or mismanages birth complications must face the legal consequences of their negligence. Doctors and healthcare professionals who prescribe harmful medication during pregnancy might amount to serious legal liability.
Pharmaceutical Companies
If dystonia was caused by a defective drug given to the mother or infant, the pharmaceutical company that created the medication might find itself the defendant in a personal injury lawsuit.
Causes of Infant Dystonia Disorder
Various factors, including the following can cause infant dystonia disorder:
Birth Injuries
The lack of oxygen during birth, also known as hypoxic-ischemic encephalopathy, can damage the brain and lead to dystonia. A birth injury can happen if the mother’s or infant’s medical team is negligent. This negligence might be grounds for a medical malpractice lawsuit.
Medication Side Effects
Some medications can trigger dystonic reactions in infants. Doctors who fail to properly administer medication to infants might face legal liability if the infant has any related complications.
Brain Infections and Autoimmune Disorders
Infant dystonia can happen because of a brain infection or inflammation in the brain. Doctors or other medical providers who miss the signs of these conditions might be legally responsible for the effects of dystonia.
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What Should I Do If My Child Has Infant Dystonia Disorder?
The steps that you take after learning that your child has infant dystonia disorder are important to the health of your child and the viability of your legal claim. Consider taking the following steps after a diagnosis:
Get a Medical Diagnosis
After any injury, including an infant dystonia disorder diagnosis, you should seek medical attention immediately. Get a qualified medical opinion from a trusted professional. Keep up with your child’s medical records. Share their medical records with your attorney.
It is crucial to your child’s well-being and your legal claim to complete the doctor’s proposed medical treatment plan. Failure to do so can give the insurance company the argument that their insured is not responsible for causing the injury; therefore, the insurance company is not responsible for paying your damages.
Apply for Financial and Disability Support
The treatment expenses from getting your child proper medical care can be enormous. You might consider applying for financial and disability support to help care for your infant.
Your child might qualify for disability benefits like Supplemental Security Income (SSI) or Medicaid insurance coverage. A birth injury attorney with experience helping disabled people get the money they need to support themselves can identify your rights to recover disability income for your child.
Consult a Birth Injury Lawyer
Start building your support system quickly after a birth injury like infant dystonia disorder. A major part of your team is an experienced birth injury lawyer. If your child’s injury was caused by medical malpractice or defective medication, you may be eligible to file a medical negligence case.
What Compensation Is Available After an Infant Dystonia Disorder Diagnosis?
Families of infants diagnosed with infant dystonia disorder may be eligible for significant compensation, especially if medical malpractice, birth injuries, or exposure to harmful substances caused the condition. Here is what compensation that might be available:
Medical Expenses
This type of diagnosis will come with large medical expenses. The hospital bills, including the costs for NICU stays, initial treatment, and specialist visits, can add up quickly for families. A lawsuit should seek damages for expenses for physical therapy, speech therapy, occupational therapy, and medications as part of your compensation package. Your attorney will seek money for medical equipment and assistive devices, too. Speak to a birth injury lawyer to learn more about what you can recover in a lawsuit.
Pain and Suffering
Pain and suffering losses compensate victims for having to endure the physical pain and emotional turmoil associated with an injury. Your family might be entitled to recover from the emotional distress for both the infant and the parents for enduring illness-related trauma, stress, and anxiety.
Lost Earnings and Lost Earning Potential For The Parents and Child
If a parent has to quit or reduce work hours to care for the child, they may be compensated for lost income. A child who was diagnosed with infant dystonia disorder might have a significant loss of earning potential because of their condition. Compensation for the child’s loss of future earning potential is a compensable loss for the child.
Disability and Special Needs Support
Some governmental financial support might be available. An attorney can help you pursue compensation and financial support, such as SSI, Medicaid, and even educational accommodations that cover the costs of special education services and Individualized Education Programs (IEPs).
Wrongful Death Compensation
The family of a child who dies from infant dystonia disorder might have the right to pursue wrongful death compensation. These damages can cover funeral expenses, loss of companionship, and the family’s emotional suffering. No amount of money can replace the life and potential of your child; compensation can help ease the financial burden of the loss.
How Can a Birth Injury Attorney Help Me If My Child Has Infant Dystonia Disorder?
After such a devastating diagnosis, having the support of an experienced legal team can offer your family comfort. An attorney can seek justice and financial compensation if medical malpractice impacts your family’s life. Here is how an attorney can assist you:
Investigating the Cause of Infant Dystonia
Your attorney will investigate the cause of the accident. Attorneys will review medical records, birth history, and diagnostic tests to determine if medical malpractice or negligence played a role in the injury. They work with medical experts to assess whether a doctor, hospital, or healthcare provider made errors that caused or worsened the condition. If the dystonia was caused by medication exposure, birth trauma, or lack of oxygen at birth, your attorney will gather evidence to support your claim.
Filing a Medical Malpractice or Birth Injury Lawsuit
Medical malpractice laws are complex, but an attorney can handle the process of getting what you deserve. If a healthcare provider’s actions (or inactions) caused your child’s dystonia, an attorney can file a lawsuit against hospitals, medical facilities, doctors, healthcare providers, and pharmaceutical companies.
Securing Compensation for Medical Expenses and Long-Term Care
A diagnosis of infant dystonia disorder will likely come with a lot of medical expenses for long-term care. Your attorney will fight for compensation to cover all associated losses. Infant dystonia often requires lifelong care, and an attorney will work to ensure your family receives the maximum compensation possible.
Advocating for Government and Disability Benefits
Attorneys can help families apply for benefits like SSI and Medicaid. Lawyers assist in navigating insurance disputes and making sure you receive the coverage your child is entitled to receive.
Handling All Legal Paperwork and Deadlines
Personal injury cases, including those for compensation for infant dystonia disorder, involve a lot of paperwork and deadlines. It can get overwhelming. An attorney will manage all the work. Every state has a statute of limitations, or deadline, for filing birth injury and medical malpractice cases. Your attorney ensures that all paperwork is filed correctly and on time to protect your child’s legal rights.
Representing You in Negotiations and Court
Many personal injury cases are settled by negotiating with the insurance company. Handling the negotiation process can be intimidating for an individual. An attorney will negotiate aggressively to secure the highest possible payout.
Many cases are settled out of court, but if needed, your attorney will fight for your case in court.
How Long Do I Have To Sue For Infant Dystonia Disorder Damages
Time is of the essence when it comes to suing for personal injuries, including infant dystonia disorder. Every state has a statute of limitations. Contact a birth injury lawyer to learn how long you have to sue after discovering that your child is living with infant dystonia disorder.
Contact A Birth Injury Attorney Today!
An experienced attorney understands how devastating it can be to watch your child struggle with dystonia caused by medical negligence. No family should have to face this alone. If your infant’s condition was caused by a birth injury, medication error, or other preventable factors, you have the right to seek justice and financial compensation to support their care and future.
Do not wait- your time to file a claim is limited. Contact a personal injury attorney to schedule an initial consultation to discuss your case. Your child and your family deserve the peace of mind that an experienced attorney can provide.