Maryland Klumpke’s Palsy Lawsuits
If your child has limited or no sensation or movement in the forearm or hand, it may be the result of Klumpke’s palsy. A diagnosis of Klumpke’s palsy can be devastating, especially because the condition is often caused by mistakes that a doctor or other medical provider made during labor and delivery.
If Klumpke’s palsy was caused by medical negligence, the injured victim may be entitled to compensation.
At the Abelson Personal Injury Law Firm in Washington, D.C., our experienced birth injury lawyer help families take action against medical providers who negligently caused Klumpke’s palsy or other birth injuries.
For more than 35 years, we’ve helped injured victims recover compensation in injury claims. Call us or fill out our online contact form now for a free consultation to learn how we can help with your case. We are ready to answer key questions such as:
- How do I know if my child’s Klumpke’s palsy was a negligent birth injury?
- What can I expect if my child has been diagnosed with Klumpke’s palsy?
- What are my legal options for obtaining compensation if medical malpractice caused Klumpke’s palsy in my child?
Klumpke’s Palsy and Birth Injuries
Klumpke’s palsy occurs when the brachial plexus – a network of nerves – is damaged, interrupting the flow of information to and from the brain. This often results in paralysis of the arm and hand. The brachial plexus nerves may be severed completely or may be excessively stretched, allowing scar tissue to form and impede functionality.
To determine if Klumpke’s palsy resulted from medical negligence during birth, it is important to review your medical records to discover whether actions or inaction on the part of the doctor or other medical providers damaged the brachial plexus nerves. This is especially likely to accompany shoulder dystocia (when the infant becomes lodged behind the mother’s pubic bone) or situations where the vacuum or forceps were used to extract the baby.
If a doctor was overly aggressive in pulling the child from the birth canal or if the baby was born with a broken clavicle, these may also be signs that Klumpke’s palsy resulted from negligent medical errors.
Since most parents don’t know exactly what is appropriate for a doctor to do during delivery, it is a good idea to have medical records reviewed by a professional if there is reason to believe that a medical error caused Klumpke’s palsy.
What to Expect if a Child is Diagnosed with Klumpke’s Palsy
If your child has been diagnosed with Klumpke’s palsy, the child may have reduced mobility and feeling in the affected arm. Muscle atrophy often occurs during the time the arm goes unused, making it more difficult to move the arm normally. A child with severe Klumpke’s palsy may also experience a droopy eyelid on the affected side of the body.
If the brachial plexus injury doesn’t heal on its own, the child may need more invasive medical procedures to restore feeling and motion in the hand. A nerve graft or a nerve transplant may make it possible for the brain to better communicate with the arm.
The costs of medical care and adaptive devices for a child with Klumpke’s Palsy can be expensive, and there is no guarantee that everything will be covered by health insurance.
The doctor, hospital or other care providers who made mistakes that caused the Klumpke’s palsy may be held liable for compensating you for your losses. This compensation may help you afford necessary treatments for your child.
Legal Options for Compensation
If you can demonstrate that your child’s Klumpke’s palsy was the fault of a healthcare provider, you may be entitled to pursue a personal injury claim to obtain compensation for your losses. This includes not just payment of medical treatment costs, but also non-economic damages including pain, suffering and emotional distress.
A personal injury claim may be resolved in court, where a judge or jury will determine compensation. The case may instead be resolved through settlement talks. Most often, the provider will have medical malpractice insurance. The insurer may negotiate a settlement if it accepts that its policyholder was liable.
Settlement agreements are final once you agree to the terms and accept compensation. Be sure to have an experienced lawyer look over any settlement agreement before signing it to avoid giving up your rights.
At the Abelson Personal Injury Law Firm, our birth injury lawyer can help both with litigation and with settlement negotiations so your Klumpke’s palsy case can be resolved in a way that makes sense for you and your family.
Call us today or contact us online to schedule your free consultation and to learn how we can help.