What are Infantile Spasms?

Parents always hope their children are healthy at birth. Unfortunately, some babies suffer birth injuries that can affect them anywhere from the short term to the long term. One condition parents should be aware of is infantile spasms. Infantile spasms are a type of epilepsy that affects babies younger than one year old. It’s a type of neurological disorder sometimes (but not always) caused by infant brain injury.

Children affected by infantile spasms often suffer developmental delays or even regression. It’s important for parents to be aware of these facts and speak to their child’s pediatrician if they notice signs of infantile spasms.

Symptoms of infantile spasms

A parent can tell that their child is affected by brief jerking or tensing up in the neck, head, arms, legs, or belly. When a baby experiences spasms, they may only last a second or two and then occur again in clusters every five to 10 seconds.

 

Other symptoms of infantile spasms include eyes rolling up into the head, chin movements, nodding of the head, grimacing, and tensing of the belly. Your baby might seem too fussy or too quiet. They might smile less and their social interactions might be abnormal. Keep a close eye on your baby after they have awakened from sleep because this is when symptoms are most likely to occur.

The importance of swift action in response to symptoms

Infantile spasms demand immediate attention because early detection and treatment are essential to limit brain damage and future developmental problems. If you detect any of the foregoing signs of infantile spasms, tell your doctor immediately so that they can initiate diagnosis and treatment. The earlier you detect the problem and treatment begins, the better your baby’s chances of leading a normal life.

What causes infantile spasms?

There are a variety of factors that can cause infantile spasms, such as:

• Brain injuries due to a lack of oxygen or blood flow or a perinatal stroke.
• Congenital (inborn) brain abnormality.
• Prenatal or postnatal infections.
• Problems with prenatal brain development.
• Certain gene mutations, such as the one responsible for Down syndrome.
• Certain metabolic conditions resulting from the failure of certain nutrients to penetrate the womb.
• Genetic disorders (such as tuberous sclerosis).
• A deficiency of vitamin B6.

Your doctor should have taken a medical history sufficient to at least speculate as to the cause of your baby’s infantile spasms. It is important that your doctor completes a thorough diagnostic process, including an EEG and an MRI. If your doctor observed telltale symptoms but misdiagnosed the cause or delayed a proper diagnosis longer than they should have, you might have a medical malpractice claim.

When medical malpractice may be a factor

Not every medical error adds up to medical malpractice. If your doctor committed any of the following medical errors, however, you might have a viable claim:

• Misdiagnosis as reflux, colic, or normal twitching/startle reflexes. Although it is true that infantile spasms can be easily misdiagnosed, an experienced physician should be able to see the difference.
• Delayed referrals. A primary care physician should know their limitations and should not hesitate to refer your child to a specialist, such as a pediatric neurologist, when appropriate, including after observations or reports of infantile spasms.
• Failure to administer proper diagnostic tests or follow-up, if harm results. Your doctor should order tests like an EEG (to detect brain wave patterns) and an MRI (to scan your child’s brain for structural abnormalities).

Many other medical errors relating to infantile spasms might rise to the level of medical malpractice.

How to build a medical malpractice claim

The basic principles of medical malpractice law are the same in Ohio, Kentucky, and elsewhere in the United States. Secondary matters, such as statutes of limitations or civil procedure, vary from state to state. In either Ohio or Kentucky, you need to prove the following facts to win a medical malpractice claim:

1. A doctor/patient relationship existed between the doctor and your child. It is usually a straightforward matter to prove this much.
2. Your doctor owed your child a specific duty of care—to order an EEG and/or an MRI, for example, to refer you to a pediatric neurologist, to refrain from issuing a diagnosis until obtaining certain information, or some other duty. Formulating the relevant duty of care often requires medical expert testimony.
3. Your doctor breached their duty of care by either failing to do something they should have done or by doing something they should not have done. Breach of the duty of care constitutes medical negligence.
4. Your baby suffered harm as a consequence of your doctor’s breach of their duty of care. This harm might include injury, illness, or even death.
5. The harm your baby suffered is legally compensable — medical bills, pain and suffering, or some other type of monetary damages.

Fortunately, winning a medical malpractice lawsuit is easier than convicting someone of a crime. You don’t have to prove any of the foregoing elements of medical malpractice “beyond a reasonable doubt.” Instead, the applicable standard of proof is “a preponderance of the evidence.” A “preponderance of the evidence” is enough evidence to add up to a greater than 50% likelihood.

Legal rights of families in Ohio and Kentucky

Below is a list of state-specific medical malpractice laws for Ohio and Kentucky.

The statute of limitations and the statute of repose

The statute of limitations tells you how long you have after the medical malpractice occurred to file a lawsuit. In both Ohio and Kentucky, you have only one year after you discover the malpractice or should have discovered it, whichever comes first. Certain exceptions exist that can extend this deadline.

Even if you manage to extend the one-year statute of limitations, both states also impose a statute of repose, which is the ultimate deadline for filing a lawsuit. In Ohio, that deadline is four years after the malpractice occurred, and in Kentucky, it is five years after the malpractice occurred.

Ways to strengthen your claim

Take the following steps to preserve your claim:

• Keep all documentation related to your child’s condition and your anticipated legal claim, no matter how seemingly insignificant.
• Keep a detailed journal of your child’s symptoms.
• Take a video of your child’s spasms.

All of these measures could prove extremely helpful to your claim, especially the video evidence.

How a medical malpractice attorney can help

Crandall & Pera Law, LLC is a Kentucky/Ohio personal injury law firm with extensive experience representing clients with medical malpractice, birth injury, and brain injury claims. We pride ourselves on our compassionate approach to helping families demand justice after a misdiagnosis or delayed diagnosis. We offer free consultations and no attorney’s fees unless we win your case. Contact us as soon as possible to schedule a meeting.