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WHAT IS KLUMPKE’S PALSY?
by D’Amore Injury Law | Maryland’s Top-Rated Birth Injury Law Firm
WHAT IS KLUMPKE’S PALSY?
Klumpke’s Palsy can be a heart-wrenching condition, potentially leaving a child with lifelong challenges. It can lead to long term medical treatments, therapies, and adjustments to everyday activities, imposing a heavy burden on families both financially and emotionally. For families affected, the realization that their child’s condition may have been preventable can be heart-wrenching. At D’Amore Personal Injury Law, LLC, our Baltimore Birth Injury Attorneys are committed to providing you with the legal expertise and compassionate advocacy you need during this trying time. Here’s more on Klumpke’s Palsy, including how we can help you obtain justice and compensation from those who are responsible for causing the condition.
Understanding Klumpke’s Palsy
Klumpke’s Palsy, also known as Klumpke’s paralysis, is a condition that affects individuals, often newborns, due to an injury to the brachial plexus. The brachial plexus is a nerve network that transmits signals from the spine to the shoulder, arm, and hand. When these nerves are damaged, it can result in loss of movement or weakness in the arm. There are two primary types of Klumpke’s Palsy, which we will explore in more detail.
Major Types Of Klumpke’s Palsy
The major types of Klumpke’s Palsy can be categorized based on the nature and severity of the nerve damage.
- Neuropraxia: This is the mildest form of nerve injury. It occurs when the nerve is stretched but not torn. Neuropraxia generally has a good prognosis, with many infants recovering function within six months to a year with or without intervention.
- Rupture: A rupture happens when the nerve is torn but not at the root. This type of injury may require surgical intervention for the child to recover function, and the prognosis can vary depending on the severity of the tear and the success of the surgical repair.
- Avulsion: The most severe form of Klumpke’s Palsy occurs when the nerve roots are torn away from the spinal cord. Avulsions are often the most difficult to treat and may result in permanent disability. Surgical options are limited and often have a lower rate of success.
Major Causes Of Klumpke’s Palsy From Malpractice
- Excessive Force During Delivery: If an infant's neck is stretched to the side during a difficult delivery, the result can be brachial plexus injuries. The use of excessive force or incorrect techniques by the healthcare provider can lead to this type of injury.
- Improper Use of Delivery Instruments: The use of instruments such as forceps or vacuum extractors can increase the risk of nerve damage if not used correctly. Inappropriate or negligent use of these tools can lead to Klumpke’s Palsy.
- Failure to Perform a Necessary Cesarean Section: In some cases, a cesarean section is required to prevent injury to the infant, especially in situations like breech births or prolonged labor. A delay or failure to perform a C-section when needed may result in brachial plexus injuries.
- Inadequate Response to Fetal Distress: If there are signs of fetal distress that indicate potential brachial plexus injury, healthcare providers must act promptly. Failure to monitor fetal health or respond appropriately to distress signals can be considered malpractice.
In Maryland, as in other states, healthcare providers are expected to adhere to a standard of care. When the standard of care is not met, and an injury such as Klumpke’s Palsy results, it may be a case for medical malpractice. Victims of such injuries may have the right to seek compensation for medical negligence. Each case is unique, and determining malpractice requires a thorough examination of medical records, delivery procedures, and expert testimony.
Liability In Klumpke's Palsy Cases
Identifying liable parties in such cases requires an examination of the circumstances surrounding the birth and the standard of care provided. Generally, liability may rest with the obstetrician, other attending healthcare professionals, the hospital, or a combination thereof. These parties may be held liable if the injury resulted from negligent actions such as improper handling of a difficult delivery or failure to respond adequately to fetal distress. In some cases, a healthcare provider’s failure to perform a necessary cesarean section or misuse of delivery instruments like forceps or vacuum extractors could constitute negligence.
- Excessive Force: If excessive force is applied when using tools like forceps or vacuum devices, it can cause muscle strain or damage to the infant's sternocleidomastoid muscle, leading to congenital torticollis.
- Nerve Damage: The brachial plexus, a network of nerves that sends signals from the spine to the shoulder, arm, and hand, can be damaged during a difficult delivery. This injury can also extend to affect the muscles in the neck, resulting in torticollis.
- Delayed C-Section: A delayed cesarean section can lead to prolonged labor, which may increase the risk of the baby being in a compromising position, potentially causing neck muscle or nerve damage.
Pursuing A Klumpke’s Palsy Claim
When bringing a lawsuit or insurance claim based on Klumpke’s Palsy, it’s essential to establish that the medical provider breached the standard of care, causing the injury. The process typically involves gathering medical records, expert testimony, and evidence of damages. Claims may seek to recover damages for past and future medical expenses, physical therapy, specialized equipment, loss of earning capacity, and pain and suffering. In some jurisdictions, there may also be the possibility of recovering for emotional distress and punitive damages if the conduct was particularly egregious.
Damages In Klumpke’s Palsy Cases
Damages in a Klumpke’s Palsy case aim to compensate the affected child and their family for the losses incurred as a result of the injury. These may include both economic damages, such as ongoing medical treatment, and non-economic damages, like pain and suffering. In severe cases, Klumpke’s Palsy can lead to long-term disability requiring extensive therapy and adaptive devices, which should be factored into the compensation.
Maryland Birth Injury Attorneys
In navigating the complexities of a Klumpke’s Palsy lawsuit, having an experienced lawyer by your side can make a significant difference. A dedicated Klumpke’s Palsy lawyer understands the intricacies of medical malpractice law and can provide the representation needed to effectively pursue a claim.
At D’Amore Personal Injury Law, LLC, our Birth Injury attorneys take your claim “personally.” Your fight for justice is our fight for justice. We do not stop fighting for you until we know you are getting the best outcome in your case. Holding fast to our guiding principles has resulted in extraordinary results for our clients. Don’t navigate this challenging time alone. Call (410) 324-2000 or contact us online to discuss your case and explore your legal options.
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