Klumpke’s palsy is a rare type of paralysis caused by an injury during birth. This condition often resolves on its own and can result from a difficult delivery due to a large fetus or other risk factors. Still, in some cases, Klumpke’s palsy might stem from medical malpractice.
If medical malpractice caused your child’s birth injury, you deserve to receive compensation for this harm. A Los Angeles Klumpke’s palsy lawyer at Pintas & Mullins Law Firm could help you recover an award for your losses in the event of a birth injury due to medical malpractice.
Call our team today at (800) 614-2067 to schedule a free, no-obligation consultation and determine your legal options. Since we work on contingency, you will not owe us anything unless we can recover an award.
Causes of Klumpke’s Palsy
Klumpke’s palsy, also called Dejerine-Klumpke palsy, is paralysis or weakness of the hand caused by a birth injury to the lower brachial plexus. The National Institute of Neurological Disorders and Stroke (NINDS) explains that the brachial plexus is a network of nerves that sends signals from the spine to the shoulder, arm, and hand.
Klumpke’s palsy often occurs during a difficult delivery, caused by too much downward traction on a baby’s head, neck, or shoulder during birth, stretching or tearing nerves. This injury can sometimes result from medical malpractice, such as the improper use of forceps or a vacuum during an assisted delivery or a lack of caution during a breech birth, any of which put stress on the brachial plexus.
Klumpke’s palsy will usually heal on its own without extensive treatment. The child might need occupational or physical therapy to assist them in regaining movement. In severe cases, corrective surgery may be necessary, such as a nerve graft or muscle transfer, and Klumpke’s palsy occasionally results in permanent disability.
Physician Liability for Medical Malpractice
To win a medical malpractice lawsuit for Klumpke’s palsy, you must demonstrate your physician’s liability for the injury. There are several necessary steps to prove medical malpractice:
- Confirm the doctor-patient relationship: First, you must show that your child was under the care of the doctor or other health care professional. Proving this relationship is typically the easiest part of a medical malpractice case.
- Prove that negligence occurred: Next, medical malpractice hinges on whether the medical professional in question was negligent in the care they provided. In this instance, professional negligence refers to a failure to provide the expected level or standard of care. For example, if your physician failed to take reasonable precautions that other doctors in similar situations would have, this could be malpractice.
- Show the injury resulted from negligence: Finally, to receive compensation for medical malpractice, you must show that the injury resulted from the health care provider’s negligence and not from an underlying medical condition.
While medical malpractice cases can be challenging to prove, the team at Pintas & Mullins Law Firm does not shy away from tough cases. Our Los Angeles Klumpke’s palsy lawyers will fight for you and your family to receive the justice and compensation that you deserve, and you will never owe us anything unless you receive an award.
For a free legal consultation with a Klumpke’s Palsy Lawyer serving Los Angeles, call (800) 794-0444
Recoverable Damages for Medical Malpractice Cases
California law allows plaintiffs to recover both economic and noneconomic damages in medical malpractice cases. If you win your medical malpractice lawsuit, economic damages you could recover include all related medical expenses, such as doctor visits, surgery bills, prescription medication, hospital stays, and physical therapy.
Civil Code (CIV) § 3333.2 limits recoverable noneconomic damages to the amount of $250,000. The statute lists the possible noneconomic damages you could recover:
- Physical impairment
- Other nonpecuniary damage
Winning damages in a medical malpractice case can help you take care of your expenses, but it could also help you receive closure after a traumatic event. Your lawsuit could even prevent more injuries from occurring in the future by holding the negligent health care providers accountable for their actions.
Los Angeles Klumpke’s Palsy Lawyer Near Me (800) 794-0444
The Statute of Limitations May Affect Your Case
A statute of limitations is a law that puts a deadline on how long you can bring legal action after a wrongful event occurs. According to CIV § 340.5, the statute of limitations for injury or death caused by a health care provider in California is three years after the injury occurs or one year after the patient discovers or should have discovered the injury, whichever comes first.
After the statute of limitations passes, you are typically unable to recover any damages. However, several exceptions to this statute exist, so even if you think too much time has passed, you might want to consult a Los Angeles Klumpke’s palsy lawyer to make sure you know your options.
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Pintas & Mullins Law Firm Is Here to Help You
If your child suffered from Klumpke’s palsy because of a physician’s negligence, you can focus on taking care of your child while the team at Pintas & Mullins Law Firm works on your case. To prove your medical malpractice case, our team might:
- Obtain and review all relevant medical records.
- Review the doctor’s actions and compare them to what other doctors would do in similar situations.
- Consult medical experts in the field and obtain their testimony.
- Find other evidence of the injury, such as eyewitness statements, photos, or videos of the birth.
- Identify what damages you could recover.
- File your notice of intent to sue as required by Code of Civil Procedure (CCP) § 364.
- Communicate and negotiate with insurance providers and opposing counsel.
- File a medical malpractice suit on your behalf.
- Argue for you in court if necessary.
Let us take on your case so you and your family can take the time to recover. Call (800) 614-2067 today to schedule a free, no-obligation consultation with the team at Pintas & Mullins Law Firm. Our Los Angeles Klumpke’s palsy lawyers can pursue compensation on your behalf and work for your family to receive a fair settlement.