(845) 802-0047Pregnancy and the birthing process can be exciting, but also stressful. When doctors do not abide by the “standard of care” that is necessary during pregnancy and childbirth, a condition called Klumpke’s palsy may result. An arduous birth can injure the nerves in the baby’s brachial plexus, which controls the sensation and movements in the arm, hand, and shoulder region, causing Klumpke’s palsy and other birth injuries.
When your child is injured during delivery, you may have the right to pursue a birth injury lawsuit and be entitled to compensation that will help you and your child as you navigate life with their condition. Watching your newborn suffer is heartbreaking, and a lawsuit is difficult to handle without counsel from an experienced birth injury attorney. A Poughkeepsie Klumpke’s palsy lawyer works hard to protect patients’ rights and could help you explore your legal options.
Symptoms and Causes of Klumpke’s Palsy
A baby with Klumpke’s palsy has weakness, numbness, or paralysis of their fingers, hand, and lower arm, and sometimes drooping eyelids, depending on the severity of the nerve damage. There are solutions for recovery, such as physical therapy, occupational therapy, electrical stimulation device therapy, and surgery, but those do not always work.
Klumpke’s palsy can occur anytime a baby’s head and neck are pulled too much to the side as its shoulder tries to pass through the birth canal, particularly when a doctor is not careful with the baby’s shoulder during a headfirst delivery. It can also result during a breech delivery when the doctor pulls the baby’s arm too hard or by using forceps or a vacuum extractor incorrectly. A Poughkeepsie lawyer who has handled Klumpke’s palsy lawsuits could determine if the medical team’s actions were negligent.
Legal Options
Medical professionals have a duty to provide an appropriate “standard of care” to their patients. When harm results in a birth injury due to a doctor failing to uphold their duty, they could be considered negligent either by action or inaction. Some examples include a doctor failing to perform a C-section during delivery, pulling on the baby with excessive force, or failing to treat the mother for gestational diabetes. A lawyer in Poughkeepsie who is familiar with Klumpke’s palsy cases could assess what facts indicate a doctor’s negligence.
The statute of limitations in New York for medical malpractice cases is two years and six months from the date of the event, meaning the clock to file a lawsuit starts ticking when the injury happens, and it is important to adhere to deadlines to have a chance at winning compensation. When plaintiffs decide to go to court instead of settling with insurance companies, they can seek economic or non-economic damages to cover costs like medical bills, emotional damage, or lost wages.
Discuss Your Child’s Klumpke’s Palsy With a Poughkeepsie Attorney
The law can be complicated, especially when you are dealing with an emotionally difficult situation. The most important thing is to prioritize your baby’s well-being by getting medical treatment and legal advice. It is wise to quickly get in touch with a Poughkeepsie Klumpke’s palsy lawyer who has experience with a variety of birth injury lawsuits. Call today, because you and your baby deserve to have a dedicated team of legal professionals on your side.