If your child suffered Klumpke's palsy at birth, you could be eligible to recover damages from your medical provider in a medical malpractice lawsuit.
Klumpke’s palsy is a type of nerve damage that occurs during childbirth. The newborn’s brachial plexus suffers damage, affecting feeling, strength, and mobility in the lower arm and hand on the affected side. It is similar to Erb’s palsy, another brachial plexus birth injury that affects the upper arm. If your baby suffered Klumpke’s palsy at birth, you may have grounds to recover damages, and a Klumpke’s palsy birth injury lawyer can help.
The pediatric malpractice lawyers at Newsome | Melton can help you recover damages from your medical provider in a medical malpractice lawsuit. We can investigate your child’s Klumpke’s palsy birth injury and collect evidence showing that negligence on the part of your medical provider played a role. Our job is to help you recover damages, and you do not pay us until we accomplish that goal.
To schedule a free case evaluation today, call our office at 888-526-8947.
Trust Newsome | Melton To Help You Recover Damages in a Klumpke’s Palsy Birth Injury Lawsuit
Medical professionals who oversee childbirth are equally responsible for the mother and the newborn child. Anyone who takes on this role must do so with the utmost care, exercising diligence at all times. Even one moment of negligence can put your baby’s life at risk.
As medical malpractice lawyers, our job at Newsome | Melton is to hold obstetricians, midwives, and other medical professionals accountable for the errors they make that result in injuries to the mother and/or baby. That includes Klumpke’s palsy, which, if not discovered immediately and treated properly, can cause lifetime limitations for your child.
The following factors may contribute to a newborn suffering a Klumpke’s palsy injury:
- During childbirth, the baby’s head and shoulder are pushed in opposite directions, resulting in nerve damage to the brachial plexus.
- The practitioner, while delivering a baby head-first, stretches the neck and shoulders too much, also resulting in brachial plexus damage.
- The practitioner, while delivering a baby feet-first, puts too much pressure on the baby’s raised arms.
A diligent medical provider should be able to prevent or, at the very least, minimize all of these situations. If necessary, a medical professional may need to order a C-section delivery or extract the baby with the help of forceps. An obstetrician or midwife who fails to make the right call in a critical situation like this may be liable for any injuries that occur.
In the following scenarios, a medical professional must be especially vigilant, as these situations present the greatest risk of a Klumpke’s palsy birth injury:
- Breech delivery
- Above-average birth weight
- The newborn’s shoulders remain stuck in the birth canal after the delivery of the head
Regardless of what led to your baby’s injury, we can investigate and determine if your medical provider’s negligence was a contributing factor. To see how a Klumpke’s palsy birth injury lawyer can help you, call 888-526-8947 today.
Count on Newsome | Melton to Help You Recover Compensation for Your Child’s Klumpke’s Palsy Birth Injury
The Klumpke’s palsy birth injury lawyers at Newsome | Melton have helped many clients recover medical malpractice damages to compensate them for the injuries a negligent practitioner caused them or their children. We can help you.
We know what goes into a successful medical malpractice lawsuit, including one for a Klumpke’s palsy birth injury. It must prove the following conditions:
- Your medical provider had a duty of care to you
- Your medical provider did not uphold that duty of care
- You suffered harm because of their failure
- You incurred economic or noneconomic damages
Your Practitioner Had a Duty of Care
A successful medical malpractice lawsuit must establish that a medical provider had a duty to uphold their industry’s standard of care. As long as there was an active doctor-patient relationship at the time of childbirth, your medical provider had a duty of care to you.
Your Practitioner Did Not Uphold That Duty of Care
Once we show that your medical provider had a duty of care to you, we must demonstrate that they did not uphold it. We can use the “reasonable person” standard to make this case.
This standard compares your medical provider’s actions to a reasonable person’s actions in the same situation. An expert medical witness can play the role of the reasonable person by reviewing the evidence and explaining how they would have responded to the situation.
You Suffered Injuries
We have to connect your practitioner’s negligence to the injuries you suffered or, in the case of Klumpke’s palsy, the injuries your child suffered. This connection must be clear and compelling. To make it so, we rely on a host of evidence that may include your child’s medical records, lab test results, and statements from other physicians.
You Incurred Damages
Finally, we have to list the damages, both economic and noneconomic, that you suffered because of your child’s Klumpke’s palsy birth injury.
To learn more about how we can help, call for a free consultation today: 888-526-8947.
The Statute of Limitations on Klumpke’s Palsy Birth Injury Lawsuits
To remain eligible to recover damages for your child’s Klumpke’s palsy birth injury, you must take legal action within the statute of limitations. Depending on where the injury occurred, the statute could be anywhere from one year to several years. Other deadlines may also apply to your case.
To ensure you can collect the damages you deserve, speak with a Klumpke’s palsy birth injury lawyer from Newsome | Melton right away. We can take action on your behalf and make sure you do not miss any deadlines.