Physicians and nurses delivering a child often act in negligence in the delivery process and severe nerve damage sustained from Klumpke’s palsy can occur. Some of the injuries and symptoms sustained from Klumpke’s Palsy include:
Klumpke’s palsy is a brain injury to a newborn child during the birth process where the vertebrae of the spinal cord are damaged. A newborn child can sustain different degrees of Klumpke’s Palsy injury:
1. Full Tear: the spinal cord is completely torn and dislodged from the spinal ridge
2. Rupture: the nerve is torn but still attached to the spine
3. Praxis: the nerve is partially torn or stretched
Women are taking their cases to a Klumpke’s Palsy attorney to litigate their case based on medical malpractice or negligence for the injuries their child sustained.
Medical malpractice lawsuits must be filed quickly to meet the statute of limitations. The deadline to file your legal action may be as short as one- or two-years, depending upon the jurisdiction.
Different states have different filing deadlines. Hiring an attorney can ensure your case will not be lost because of statutory time limitations.
When doctors or staff are negligent in their duties, the repercussions can be significant. The consequences can be a child born with Klumpke’s Palsy during the birth process. If your newborn child has Klumpke’s Palsy, it may have been caused by medical malpractice by physicians or negligent patient care by nurses or midwives during the delivery process. Contact your attorney to discuss your case with them. They will review and analyze your case to determine the best legal course of action. If your newborn child has Klumpke’s Palsy, and there’s a link established between the medical negligence or recklessness and the result of Klumpke’s Palsy or other serious injury, a Klumpke’s Palsy attorney will help the victims recover for their injuries.
Medical malpractice cases can be difficult because of the science and subjectivity of the law involved, which requires the expertise of an attorney well versed in medical malpractice.
During a consultation, which many medical malpractice attorneys provide for free, the attorney will:
Proving the doctor’s negligence beyond the preponderance of the evidence falls to the injured party, which often will require the testimony of another physician practicing in the same area of medicine. Sworn statements and testimony of such an expert witness can convince a jury that the defendant doctor did make a mistake.
The attorney also can identify and hire the expert witness, obtain your medical records for evidence, secure medical privacy waivers, and meet with opposing counsel to determine if a settlement with the physician’s medical malpractice insurance company is feasible.
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