When giving birth to a child, you hope the child will emerge from the womb completely healthy. However, if a medical practitioner is not cautious when delivering a child, it is possible they may cause the child to suffer a birth injury like Klumpke’s palsy. If your child sustained a birth injury and developed Klumpke’s palsy, you should consult with an experienced Maryland attorney for Klumpke’s palsy caused by a birth injury.
At Bennett & Heyman, our Maryland Klumpke’s palsy birth injury attorneys possess years of experience litigating many types of birth injury claims, and we are dedicated to using this knowledge to offer you the legal representation you deserve. Your child should never have to live with a serious birth injury like Klumpke’s palsy because a doctor failed to act responsibly. To schedule a free legal consultation to discuss your birth injury claim, contact Bennett & Heyman at (410) 429-7856. You may also schedule your appointment online.
What Causes Klumpke’s Palsy?
Klumpke’s palsy, also referred to as Klumpke’s paralysis, is a medical condition that is named after Augusta Dejerine-Klumpke, a French medical practitioner that helped diagnose and distribute information about the condition that affects newborns. When a newborn baby is diagnosed with Klumpke’s palsy, it means that they have suffered a severe injury to their brachial plexus.
The brachial plexus is a network of nerves that is located within a person’s shoulder, and that also runs within a person’s spine. In particular, Klumpke’s palsy occurs when an infant’s T-1 thoracic nerve and the eighth cervical nerve C-8, both located near the top of the spinal cord, are injured before they fuse with the other sections of the spinal cord. As a result, an infant may have difficulty with moving their fingers, hand, or certain parts of their arm. It is also possible for an infant to lose sensation due to a brachial plexus injury.
Common Birth Injuries that can Cause Klumpke’s Palsy
There are a number of scenarios where a Maryland medical practitioner could cause a child to develop Klumpke’s palsy.
Cephalopelvic disproportion is a condition where a mother’s pelvis is too small to allow an infant to safely move through the birth canal. Specifically, the bones in the mother’s pelvis could cause an infant to become trapped in the birth canal, which could lead to a nerve injury in the brachial plexus.
Note, however, that cephalopelvic disproportion may also occur if a child is larger than average. The average birth weight for newborn babies is 7.5 pounds. When an infant heavily exceeds the average birth weight, there is an increased risk that the child could become stuck in the birth canal due to cephalopelvic disproportion.
To avoid an injury to a child due to cephalopelvic disproportion, a doctor should discuss alternative options for delivery. A mother may have to go through with a cesarean section to avoid an injury to her newborn. Additionally, cephalopelvic disproportion could also result in a mother suffering a birth injury like a vaginal tear or other issues.
Misuse of Birth-Assisting Instruments
When a mother has a difficult labor, a doctor may decide to use birth-assisting instruments like forceps or a vacuum extractor to help deliver a child. Forceps are tong-like instruments that are intended to be attached to the head of a child to gently pull them from the birth canal. However, if a doctor makes a mistake and attaches the instrument to the child’s arm, this could easily cause a brachial plexus injury.
There are other circumstances that can result in a child developing Klumpke’s palsy. To learn more about filing a medical malpractice lawsuit for Klumpke’s palsy, you should continue reading and speak with our experienced Baltimore birth injury attorneys to help sue for your child’s Klumpke’s palsy as soon as possible.
How Long Do You Have to File a Klumpke’s Palsy Birth Injury Lawsuit in Maryland?
If your child was injured during birth in Maryland and developed Klumpke’s palsy, you should move quickly to pursue a birth injury lawsuit against the responsible parties. A potential plaintiff in a birth injury lawsuit should be aware that they only have a limited amount of time to file their case due to the statute of limitations.
The statute of limitations determines how long a plaintiff has to file a particular type of lawsuit with a court of law. The time limit can change depending on the circumstances of a plaintiff’s case as well. That is why it is vital to avoid making any assumptions about how long you have to file your case.
In Maryland, the statute of limitations for a birth injury lawsuit is five years from the date of the injury. However, if the victim does not discover the injury immediately, the filing deadline will be changed to three years from the date of discovery. It is also important to note that the filing deadline can vary depending on the age of the victim. Fortunately, a parent or legal guardian can file on behalf of a child.
Work with Our Experienced Maryland Birth Injury Attorney for Klumpke’s Palsy
If your child was a victim of a birth injury due to the negligence of a medical practitioner, contact an experienced Maryland lawyer for Klumpke’s palsy caused by a birth injury. Bennett & Heyman is here to offer you legal representation that is tailored to the needs of your case. To schedule a free legal consultation to discuss the details of your case, contact Bennett & Heyman at (410) 429-7856. You can also contact our firm online.