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.
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.
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