Fighting Klumpke’s Palsy: The compensation available for those who take the legal route

Klumpke’s Palsy is a serious birth injury that can affect a child’s quality of life, causing physical and emotional challenges for families. Nerve damage during delivery is a common cause of this condition, often resulting from medical negligence.

Parents of the affected child may find hope and financial support by pursuing legal action. In this guide, we will discuss how legal action can help parents get compensation for Klumpke’s Palsy.

Understanding Klumpke’s Palsy and its impact

Klumpke’s Palsy is a rare type of brachial plexus injury that affects the lower nerves of the neck and shoulder. These nerves control hand and wrist movements, and damage can lead to weakness, limited mobility, or paralysis in the affected arm.

According to the American Academy of Orthopedic Surgeons, brachial plexus injuries occur in about 1-2 out of every 1,000 live births. While some cases resolve over time with therapy, others cause lifelong disabilities. Parents of affected children often face high medical expenses for treatments like physical therapy, surgery, or assistive devices.

Role of medical negligence in Klumpke’s Palsy

Medical negligence is a leading cause of Klumpke’s Palsy. During a difficult delivery, excessive force or improper techniques, such as pulling on the baby’s head or shoulders, can stretch or tear the brachial plexus nerves. Other contributing factors include improper use of delivery tools, such as forceps or vacuum extractors.

Healthcare professionals must handle childbirth with care to prevent injuries. When they fail to do so, their actions may constitute medical malpractice. If your child’s Klumpke’s Palsy resulted from such negligence, pursuing legal action is a step toward justice and financial relief.

Seeking compensation for Klumpke’s Palsy

Families affected by Klumpke’s Palsy may be eligible for compensation through a legal claim. Compensation can help cover the financial and emotional burdens associated with the injury. Legal action ensures that the responsible parties are held accountable and families can secure the resources they need for their child’s care.

Types of compensation available

Medical expenses

This includes costs for surgeries, therapies, medications, and long-term care.

Pain and suffering

Compensation for the emotional and physical distress caused by the injury.

Lost income

If the child requires lifelong care, parents may need to reduce work hours or leave jobs, leading to lost income.

Future costs

Financial support for ongoing medical needs or modifications to the home for accessibility.

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Steps to take to get compensation for Klumpke’s Palsy

Consult an attorney

A birth injury lawyer specialising in cases like Klumpke’s Palsy can guide you through the legal process. They can help gather evidence, consult medical experts, and build a strong case.

Gather evidence

Medical records, delivery notes, and expert opinions are crucial in proving negligence.

File a claim

Your attorney will claim against the responsible healthcare provider or facility. It may involve negotiating with insurance companies or preparing for court.

Negotiate or go to trial

Many cases are settled through negotiations, but if a fair settlement isn’t offered, your lawyer may recommend going to trial for a higher award.

Conclusion

Klumpke’s Palsy is challenging, but families have legal options to secure the compensation they deserve. By taking legal action, you can ease the financial burden of medical care and provide a better future for your child. Don’t wait. Consult a birth injury lawyer to start your journey toward justice and support.

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