(845) 802-0047Klumpke’s palsy is a rare brachial plexus injury involving nerve damage that occurs during childbirth. It may affect the child’s forearm, wrist, and hand muscles and cause symptoms like impaired movement and coordination in the affected limb.
Families have legal options when injuries occur during the birthing process due to healthcare provider negligence. A Kingston Klumpke’s palsy lawyer could help you navigate the complex legal process. John Fisher is a qualified birth injury attorney who is dedicated to protecting patients’ rights.
Klumpke’s Palsy Causes, Symptoms, and Risk Factors
Klumpke’s palsy affects the lower brachial plexus nerves in the shoulder area. The injury often occurs during delivery due to excessive pulling or stretching of the baby’s arms, which causes nerve damage. Symptoms of Klumpke’s palsy include:
- Paralyzed or limp arm
- Inability to use muscles
- Numbness or pain, sometimes severe
- Muscle atrophy of the hand or forearm
- Stiff joints in the fingers and hand, referred to as “claw hand”
Surgical intervention may be necessary for severe cases to repair the damaged nerves, and recognizing the primary symptoms allows the injured patient’s family to take proactive measures to address the condition promptly. A Kingston Klumpke’s palsy attorney could answer specific questions about damages and the civil court process during the consultation.
Seeking Legal Recourse for Medical Malpractice
Medical malpractice occurs when a doctor or other certified healthcare professional’s treatment or actions deviate from the appropriate standard of care. The claim must show that the defendant failed to provide the same level of care another reasonably prudent provider practicing in the field would have provided.
Certified healthcare providers, including individuals and facilities, have specific protocols to ensure every patient receives an acceptable standard of care. When they fail to meet the standard, the injured patient and their loved ones have the right to seek damages.
Recoverable Damages
The settlement amount for medical malpractice resulting in Klumpke’s palsy varies depending on the severity of the damage and how it will affect the child throughout life. The potential recoverable damages may include the cost of medical care and services, pain and suffering, and emotional distress.
Navigating the Legal Process
State legislation limits the time to file a suit against a healthcare provider for medical malpractice to two years and six months from when the negligence occurred. However, when an infant sustains injuries at birth, the damage is not always immediately apparent.
The New York Civil Practice Law and Rules § 214-A provides an exception for the discovery rule. The time starts on the day the patient or their family reasonably discovers the medical malpractice that occurred during delivery and caused a brachial plexus injury.
Certification of Due Diligence
The civil statute requires an attorney to file an affidavit with the petition called a “Certificate of Merit.” The attorney must certify that, through due diligence, including speaking with a physician, they found valid cause for legal action. A Klumpke’s palsy lawyer in Kingston could handle the legal work and filings to ensure compliance with state rules and regulations.
Schedule a Meeting With a Qualified Klumpke’s Palsy Attorney in Kingston
When certified healthcare professionals fail to provide a professional standard of treatment and care, injured patients and their loved ones must hold them accountable. While the process and civil court statutes are complex, they are in place to protect patients by allowing them to pursue compensation for their damages and losses.
You have the right to hold a physician financially accountable when they harmed your baby during childbirth. A seasoned Kingston Klumpke’s palsy lawyer could handle the legal work and protect your family’s legal rights.