Klumpke's Palsy Lawsuit

The care provided by different members of the healthcare team may need to be reviewed. This may include the delivering doctor, an obstetrician, or the hospital staff that was present. Another provider may be included if their care contributed to the injury.

A birth injury case involved allegations that doctors used excessive force during a difficult delivery, causing permanent nerve damage to the baby. Liability still depends on what each person did and how that conduct relates to the child’s injury.

If there was excessive force used during the delivery, that may be a concern. One New York court decision addressed allegations that excessive force caused serious harm to a baby.

The problem may have started earlier in labor.

A complication may have gone undiscovered for too long. This type of issue appeared in another court decision.

The allegations have focused on the failure to diagnose and treat a maternal complication in time. Depending on what the medical records show, delays like these may become relevant to a birth injury case.

Klumpke’s palsy affects the lower part of the brachial plexus. These nerves help control the forearm, wrist, hand, and fingers.

Medical literature describes Klumpke palsy as an injury that involves the lower portion of that nerve network. It is different from Erb’s palsy, which usually affects the nerves that control the shoulder and upper arm.

The location of the nerve damage can affect the signs and symptoms. Klumpke’s palsy usually affects the lower arm, wrist, hand, and fingers, more than the shoulder or upper arm.

This kind of distinction has appeared in case law involving brachial plexus injuries. Both Erb’s palsy and Klumpke’s palsy affect the brachial plexus. They involve different parts of the nerve network though.

Signs & Symptoms of Klumpke’s Palsy

The symptoms will depend on how much of the nerve was damaged. Some babies only have mild weakness. More serious injuries can make it harder to move or feel the lower arm.

Parents or doctors may notice:

• A weak grip

• Trouble moving the hand or fingers

• The hand resting in a “claw-like” position

• Weak wrist or lower arm

• Tingling or numbness in the hand

• Muscles becoming thinner over time

• Aching or stiffness in the joints

• Trouble moving the arm or hand

• Very little movement in the fingers or hand

• One eyelid that droops

• Changes in how one eye looks

Some of these issues are noticeable soon after birth. In some cases, the signs may become noticeable months or years later.

Symptoms also do not tell the whole story. Testing may be needed to determine how severe the injury is.

How Is Klumpke’s Palsy Diagnosed?

Doctors usually start by examining movement, strength, sensation, and reflexes. Locating the injury and determining its severity may require further testing.

Doctors may use scans, X-rays, or nerve tests. The type of test depends on the child’s symptoms and age.

A Washington University guide to brachial plexus injuries explains that severe injuries can involve nerves being badly stretched or even pulled away from the spinal cord.

The injury can affect treatment and recovery. A stretched nerve may get better with time. A badly torn nerve may have a worse prognosis.

Treatment & Prognosis

Some nerve injuries heal without surgery. Therapy and simple exercises can help the child move better and get stronger.

Published medical research has reported spontaneous recovery of elbow flexion in 66% to 92% of infants with neonatal brachial plexus injuries. Recovery can vary greatly based on the type and severity of the nerve damage.

Guidance from Washington University notes that recovery from a brachial plexus injury may continue over months or even years.

More serious nerve damage may need surgery. Some children may continue to have weakness or trouble moving the arm.

Medical research involving brachial plexus injury suggests that more severe injuries tend to show less recovery during the first year.

Klumpke’s palsy can happen when the nerves that control the lower arm and hand are stretched or damaged. This can happen during a difficult delivery.

Baptist Health notes that Klumpke’s palsy can happen during a difficult vaginal delivery. A larger baby can make delivery harder. Gestational diabetes can also lead to a higher birth weight.

Labor may last for hours, or the baby may get stuck. A breech position can make delivery more difficult.

Rushed delivery and too much pulling may injure the baby’s nerves. But a difficult birth alone does not necessarily prove that malpractice happened. The medical history still needs to connect the care given to the nerve injury.

Research on brachial plexus injuries has found that these injuries can happen even when shoulder dystocia was not immediately recognized.

Is Klumpke’s Palsy Caused by Medical Negligence?

Not always. Klumpke’s palsy can happen even when the delivery team provided appropriate care.

A federal birth injury case demonstrated that a birth injury alone does not establish malpractice. The claim still requires evidence linking negligent medical care to the injury.

Too much pulling on the baby’s head, neck, or arm could be a concern. Forceps or vacuum use may also be a concern. However, the records need to show that the care contributed to the nerve damage.

Medical research on forceps and vacuum extraction has found that improper use of these tools may worsen birth trauma or asphyxia. But that does not mean that using those tools or equipment is negligent.

Shoulder dystocia may create other complications during delivery. The baby’s shoulder may become stuck. The medical team may need to use certain methods to help complete the delivery safely.

In federal litigation involving shoulder dystocia, claims focused on excessive traction and permanent injury to the nerves. Such claims may depend on how much force was used and what other options were available at the time.

Birth injury cases typically begin with the medical records. A lawyer reviews the delivery charts. They may review the fetal monitoring records to understand the circumstances surrounding the injury.

Those hospital records may help determine whether the delivery team made a preventable error.

From there, the claim might move to settlement talks, formal filing, or even a trial. What happens next will depend on what the records show and the specific laws in your state.

For families filing a Klumpke’s palsy lawsuit, the early work often means going through medical records. Delivery notes, scans, and therapy records can help explain what happened around the time of birth.

1. Free Case Review

A legal team starts by asking about your pregnancy and labor. They want to know when someone first noticed the injury and whether it currently affects your child.

A Klumpke’s palsy lawyer may review the delivery records, diagnosis, and treatment history to determine whether further investigation is warranted.

When families reach out about Klumpke’s palsy medical malpractice, details about what happened may help. Those details can point the team toward relevant medical records for further review.

2. Investigation & Gathering Evidence

From there, the legal team can collect the records they need. Those records may show what the medical team knew and did during delivery. They can also help explain what happened afterward.

The records and evidence may include:

• Pregnancy records

• Baby heart rate monitor strips

• Labor and delivery notes

• C-section or surgery records

• Arm scans and nerve tests

• Physical therapy notes

• Baby checkup records after birth

• Outside doctor reviews of the delivery and injury

Medical history from pregnancy, labor, delivery, and newborn care can provide important details. A federal appeals court opinion showed how these records were used in a birth injury case. Medical professionals rely on such records when reviewing the negligence issues.

When both sides disagree on the decisions made during delivery, independent medical professionals may step in to review the care.

These medical experts may help explain the steps that the delivery team was expected to follow. They may evaluate whether the care fell below the standard of care. They may also consider whether those specific actions directly contributed to the baby’s nerve damage.

3. Filing the Lawsuit

Once the initial investigation is complete, your legal team identifies the providers or facilities alleged to have been negligent.

The initial complaint describes what the family claims happened in the delivery room and how the alleged conduct caused or contributed to the nerve injury. Filing this paperwork may start the legal process, but it does not prove any negligence by itself. Both sides must still gather and exchange evidence.

4. Negotiating a Settlement

Settlement discussions may start after both legal teams review the medical charts.

Any potential offer may reflect the severity of the injury and the child’s needs. Attorneys may review surgery costs, physical therapy needs, and the impact of limited mobility.

No legal outcome is ever guaranteed. Delivery charts and other expert medical opinions may influence how the case unfolds.

5. Trial (If Necessary)

Not all birth injury cases settle out of court. A case may go to trial if the two sides do not settle.

Both sides can submit their medical records and other evidence before the court. The family may argue that there was improper delivery care that caused the nerve trauma. The defense may argue that the damage was an unavoidable complication.

A judge or jury will hear all the medical evidence and testimony. They decide the case based on the evidence presented in court.

Potential compensation may depend on the child’s harm and related costs. Compensation may cover the costs of medical treatment, therapy, and anticipated future care needs. It can include other losses permitted by state law.

Permanent weakness in an arm or hand can shape a child’s future. It can affect school tasks, job choices, self-care, and basic childhood activities.

Results in a Klumpke’s palsy injury lawsuit may vary from one case to another. That is because the medical facts and long-term effects are rarely identical.

Average Klumpke’s Palsy Settlement Amounts

Each case is different. Payouts may depend on the injury itself. They also depend on how much future care your child needs.

Medical records are important. Previous cases can give some context to the case, but they do not tell another family what to expect.

Notable Klumpke’s Palsy Case Verdicts

Brachial plexus injuries have appeared in many malpractice disputes over difficult births. One study reviewed 240 malpractice claims that involve fetal injuries associated with shoulder dystocia.

In one federal case, alleged permanent brachial plexus damage was part of the claims surrounding the birth. However, those results do not indicate to another family what to expect because not all cases are identical.

Claims involving excessive force, inappropriate vacuum use, or failure to perform a C-section can turn on very specific medical facts. Sometimes, two deliveries may seem similar at first. But reviewing the records can reveal that they have very different medical details.

Factors That Affect Case Value

Damaged nerves can affect your child for years. These effects include weakness and pain in the hand.

The injury may require therapy or surgery and affect future care needs. Some children may still need direct supervision with daily tasks as they grow.

One serious injury does not automatically warrant a fixed amount. The clinical records might still need to support the link between the provided care and the baby’s damaged nerve. The child’s long-term needs may also affect the case value.

You do not need all the details sorted out before contacting a law firm for a Klumpke’s palsy lawsuit.

A lawyer may review the delivery records with you, the diagnosis, and the treatment history. They will also examine the charts to see how the medical team handled the birth.

In some cases, the records suggest medical care fell below the accepted clinical standards. In others, complications may have occurred despite the proper treatment.

You can discuss your experience during the delivery and explore your legal options.

Get a Free Consultation for a Klumpkes Palsy Birth Injury Lawsuit