New York Klumpke's Palsy
Each New York Klumpke’s Palsy Injury Lawyer at Stephen Bilkis and Associates, PLLC knows a difficult childbirth is often accompanied by complications and fetal injury. A difficult birth can happen during the delivery of a large infant and can lead to shoulder dystocia and brachial plexus injury. Klumpke’s Palsy is the rarest form of a brachial plexus injury. This condition is paralysis of the forearm and hand due to a brachial plexus injury involving the first thoracic and eighth cervical nerves. In many instances, Klumpke’s Palsy causes a weakness in the flexor muscles of the wrist, hand and fingers.
Klumpke’s Palsy has distinct signs and symptoms. Our experienced New York Birth Injury Lawyer staff has found the common signs and symptoms include ulnar nerve numbness, claw hand and paralysis of the wrist and hand.
According to the findings of the New York Klumpke’s Palsy Injury Lawyer team at Stephen Bilkis and Associates, PLLC, a difficult delivery can result in four different types of nerve injury leading to Klumpke’s Palsy. An avulsion results from a nerve being torn from the spinal cord during delivery. A rupture develops from a nerve being torn but remaining attached to the spinal cord. A neuroma is the development of scar tissue around the nerve as it heals. Praxis occurs from a damaged nerve which is not torn. Our knowledgeable New York Klumpke’s Palsy Injury Lawyer group has learned praxis typically heals in a couple of months without medical treatment.
Klumpke’s Palsy may be prevented if your obstetrician recognizes certain risk factors. The New York Injury Lawyer staff at Stephen Bilkis and Associates, PLLC has discovered gestational diabetes is among the risk factors, along with:
- Excessive weight gain
- Maternal small pelvis
- Previous macrosomia (large baby)
- Post-term pregnancy
- Advanced maternal age
Klumpke’s Palsy often results from the application of excessive force on the fetal head or neck during delivery. In many cases, the obstetrician does not perform the appropriate delivery techniques leading to the injury. If your child is experiencing the effects of Klumpke’s Palsy, our highly skilled and experienced New York Medical Malpractice Lawyer team will discuss your rights to pursue a medical malpractice claim and seek monetary compensation for the injury.Medical Malpractice in New York
In New York, medical malpractice guidelines are set forth in NY Civ Practice L&R 1411 et seq. In order to have a valid claim, the following elements must be present:
There must have been a doctor patient relationship. In other words, the physician must have been hired, it is not good enough that you received bad advice at a cocktail party.
The physician acted in a negligent manner. This could include negligence with your treatment, or the diagnosis. It must be proven that the doctor caused the harm, or that a qualified doctor in the same circumstances would not have acted the same way. The key issue is whether the doctor was reasonably careful and skillful.
The negligence caused the injury. This can be difficult to prove, particularly where the patient was already sick or injured. It must be shown that more likely than not the doctor’s actions caused the injury.
There must be damages. The patient must have suffered direct harm as a result of the doctor’s actions.
The amount of damages awarded are set forth in NY CPLR 1411 (2012). Damages can include reimbursement for:
- Physical pain
- Medical expenses
- Mental anguish
- Loss of earning capacity and work
If your child is suffering from paralysis arising from Klumpke’s Palsy, contact our New York Klumpke’s Palsy Injury Lawyer staff Stephen Bilkis and Associates, PLLC. It is important however, to act promptly. There are very specific time deadlines within which you are able to file a lawsuit. To miss this deadline means that you will forever lose your right to file a claim. The statute of limitation in New York for a medical malpractice case is 2 ½ years, which is a very short period of time. The important distinction here is that the clock starts running from the date that the malpractice is discovered, as opposed to when it was actually committed.
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