by D’Amore Injury Law | Maryland’s Top-Rated Birth Injury Law Firm
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.
Torticollis, also referred to as “wry neck,” is a condition characterized by an irregular, asymmetrical neck or head position, which can be due to a variety of reasons. This disorder can be troubling, affecting one’s quality of life, and in certain instances, may be the result of medical malpractice.
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.
The major types of Klumpke’s Palsy can be categorized based on the nature and severity of the nerve damage.
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.
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.
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 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.
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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