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Klumpke’s Palsy is a form of brachial plexus palsy that occurs when there is damage to the nerves in the lower brachial plexus, often affecting the arm and hand. It can arise during childbirth, particularly in difficult or improperly managed deliveries. When you choose a medical professional to oversee you and your child’s health during the birthing process, you are trusting them to use their expertise to guide you through the process. When they fail to do so due to recklessness, you are entitled to partner with a Klumpke’s Palsy attorney and file a claim for damages.
Davis & Davis has proudly served our community’s medical malpractice needs with combined experience of over 70 years and would be honored to do the same for you today. While you focus on your child’s needs, our team will get to work immediately on your behalf, using our resources and professional connections to get you the best results possible for your case.
When Is a Klumpke’s Palsy Diagnosis the Result of Medical Malpractice?
A diagnosis of Klumpke’s Palsy as a result of medical malpractice is typically considered when the injury is linked to negligent actions or errors by medical professionals during the birthing process. This might include improper use of birthing tools, such as forceps or vacuum extractors, excessive force during delivery, or a failure to respond appropriately to a baby’s distress signals. Additionally, failure to perform a necessary cesarean section in a timely manner can also contribute to this condition. In these cases, the medical team’s actions or inactions directly lead to the nerve damage causing Klumpke’s Palsy.
Determining whether a Klumpke’s Palsy diagnosis is due to medical malpractice involves a thorough review of the medical records and circumstances surrounding the birth. Expert testimony from medical professionals can be crucial in ascertaining whether the standard of care was met. If the care provided deviated from what is generally accepted in the medical community and directly resulted in the injury, this could be grounds for a malpractice claim.
It is important to note that not all instances of Klumpke’s Palsy are due to malpractice. Some cases may occur due to natural factors during childbirth, unrelated to the actions of healthcare providers. However, when medical negligence is suspected, legal consultation can provide clarity and a path forward for families seeking justice.
Recovering Compensation After Your Medical Malpractice Accident
Recovering compensation after a medical malpractice occurrence is a critical process for victims to regain a sense of justice and financial stability. This compensation is not just about addressing the immediate medical expenses – it should also cover ongoing care costs and any future expenses as well.
When you partner with the team at Davis & Davis, you are giving yourself the opportunity to recover a worthy settlement offer. Texas currently allows victims of medical malpractice to file a claim within two years of the occurrence for both economic and non-economic damages. This compensation covers, but is not limited to, the following losses:
- Lost wages due to the inability to work
- Any incurred pain and suffering
- At-home assistive care
- Assistive devices, such as wheelchairs
- Past, present, and future medical bills
- The cost of rehabilitative or physical therapy
In cases where your Houston, TX Klumpke’s Palsy attorney finds the diagnosis is a direct result of deliberate negligence, our Klumpke’s Palsy lawyers in Houston, TX can help you recover punitive damages as well. This is not based directly on your losses but instead acts as a form of punishment for the at-fault party’s blatant disregard for you and your child’s wellbeing.
Who Is Liable for Your Injuries?
There are many different potentially liable parties for your medical malpractice case. Liable parties may include doctors, nurses, or other supporting healthcare staff and can even include pharmaceutical companies or the hospital or medical facility where the negligence occurred. In order to establish liability in medical malpractice cases, it is not enough to prove that harm occurred. You must also demonstrate the established standard of care was breached and then determine who is liable for the error. This means, despite the party, you and your Klumpke’s Palsy attorney in Houston are charged with the task of proving that the following has occurred:
- You (or your child) were owed a standard care
- This care was breached
- This breach directly resulted in your child’s brachial plexus injury and Klumpke’s palsy diagnosis
In order to demonstrate this, our team will help you collect any relevant evidence. This can vary based on the specifics, but common examples of pertinent information include eyewitness accounts, detailed medical records, photographs or video footage of the incident, and professional testimony.
Schedule Your Free Consultation Now
Navigating the aftermath of a birth-related injury like Klumpke’s Palsy can be overwhelming, but you don’t have to face it alone. At Davis & Davis in Houston, Texas, our experienced team of Klumpke’s Palsy attorneys is exclusively focused on medical malpractice and complex birth injury cases. Our Houston Klumpke’s Palsy lawyers understand the emotional and financial toll such injuries can take on your family, and we are committed to seeking the justice and compensation you deserve. Our track record speaks for itself, with decades of experience and over 300 jury trials to our name.
Our Klumpke’s Palsy lawyers operate on a contingency basis, meaning you won’t pay unless we win your case. This approach ensures your focus remains on your family’s healing and well-being, not on legal fees. Take the first step towards securing the support and compensation your family needs. Contact Davis & Davis today for a free consultation. Reach out through our online contact form or call us directly at (888) 522-9444.
