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Did Your Newborn Suffer Cerebral
Palsy or Another Brain Injury Before
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Get a FREE guide of resources available throughout Ohio to children and families of children who were born with brain injuries.

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now and in the future.

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Klumpke’s Palsy – Legal Questions

If your child has been diagnosed with Klumpke’s palsy, you may have a lot of questions about who is responsible and what rights you have to receive compensation for the cost of your little one’s care. Here are some common legal questions parents ask and the answers. Of course, each case is unique, so it’s always best to consult with an attorney about the specifics of your situation.

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Is Klumpke’s Palsy Preventable?

Some cases where this condition is diagnosed may be unavoidable. For instance, in situations where the mother’s diabetes causes an increase in the birth weight or prolonged delivery, the condition may not be able to be prevented.

Many instances of Klumpke’s palsy result from a doctor who assisted in the birth of the baby. If they used forceps or other tools to move the baby out of the birth canal and did not follow correct procedures, they may be responsible for the injury.

Elk & Elk

In breeched deliveries, the doctor may pull the infant out while they have one hand raised over the head. This increases the risk of tearing of the nerves that are part of the brachial plexus. Taking more care during delivery may prevent some cases of this condition.

Will the Infant Recover?

The prognosis differs for each baby. In some cases, no treatments may be needed, and the infant recovers on their own. In other situations, light physical therapy may be necessary. The most severe cases require surgery, which may or may not be successful. If the treatment options do not restore the nerve signals, the baby may have limited mobility all of their life.

Who is Responsible for the Costs Associated with Klumpke’s Palsy?

Even if you have health insurance for your baby, you may have co-pays that you have to cover. Technically, providing medical treatment for your infant is your responsibility. However, the doctor may be responsible for the injury, which would also make them financially responsible as well.

What Will a Lawsuit Do?

If you decide to pursue legal action, you may be able to recover money from the expenses you have incurred as a result of the injury. An attorney will be able to review your case and help you determine how much compensation you qualify for. They can also negotiate with the other party to provide you with a reasonable amount for your costs of medical care as well as other related expenses.

If you have a legal question about a child with Klumpke’s palsy, you need to contact an attorney. They can answer your questions based on the laws in the state where you live. They can also advise you on the next step to take.