Klumpke's Palsy Lawsuit
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Klumpke's Palsy Overview
Klumpke's Palsy is commonly caused by the medical negligence of the delivering physician, nurse or midwife.
During delivery, if the baby shoulder gets caught on the mother's pelvic bone, the attending medical person may pull on the baby's head stretching the shoulder, neck and upper back causing damage to the delicate nerves and spinal column.
Negligence cases require proof that the attending physician owed a duty of care to the patient, that a breach of that duty occurred, that the breach of duty caused harm and resulted in damages.
Medical malpractice is considered to be a form of negligence subject to strict statutory control. Proving the elements of malpractice can be difficult because of the technical aspects employed in the practice of medicine. The following elements apply.
- Duty of care: Proof that the physician was caring for the patient to demonstrate a doctor-patient relationship.
- Negligence: Noncompliance with the standard of what a reasonably competent and prudent physician would do, which requires testimony or a sworn statement from another doctor working in the same field attesting that the standard of care was breached.
- Causation: Evidence must prove that the physician's act did in fact cause the injury to the nervous system.
- Damages: This is proven by additional medical expenses in treating the injury along with related ongoing medical expenses, and including physical pain, mental anguish, and lost time from work or lost earning capacity.
Failure to meet any one of those elements results in your case being dismissed.
Medical malpractice laws vary from state to state and the time allowed to file the lawsuit, called a statute of limitations, can be short, from one to two years. Failing to meet this deadline will bar you from filing your case.
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia