Kansas City, KANSAS BRACHIAL PLEXUS INJURY -ERB'S PALSY
KANSAS CITY, KANSAS BRACHIAL PLEXUS BIRTH INJURY The brachial plexus is the nerves that control movement and sensation in the arm and hand. An injury to this network of nerves can result in loss of feeling, flexibility, use and/or weakness in the arm, shoulder or hand. If this injury was caused during the delivery of your child, you may have a medical malpractice lawsuit against those who were responsible for the delivery.
Under Kansas medical malpractice laws, to have a claim, the medical professional may have failed to provide the expected standard of care you, or your child, were entitled to -negligence. Negligence may include what they did or did not do with the level of care, skill and treatment that other doctors would, in similar circumstance.
Some known causes of brachial plexus palsy include:
Failing to Prevent Shoulder Lodging - there are a number of proven techniques that would prevent/undue lodging;
Application of Excessive Pressure - applying excessive pressure to your child's head or shoulders, during birth, may result in ripping, tearing or nerve damage;
Improper Use of Vacuums - if not used by a skilled doctor, injury is sure to occur;
Improper Use of Forceps - this is placed around your child's head, thus rising the potential for brain and/or nerve damage if used improperly; and
Failing to Identify Breech Births - breech births can be identified before labor and safety precautions must be taken to prevent injury to the child.
Negligence may be evident where
Your child's large size was not identified (typically 9 pounds or over)
Fetal distress or position was cause for concern
Your condition changes, during childbirth, were not promptly identified and treated
The umbilical cord was compressed or entrapped
Medicine given during/just before labor were misused
C-section was not offered or ordered
Lack of proper care after the birth of your baby
Gestational diabetes and testing to identify it
History of the mother delivery large babies
Your child may require some, or all of the following, after suffering this injury:
Formal physical therapy;
Physiotherapy including exercise;
Monthly follow-ups with clinicians;
Medical equipment such as splinting to provide the child with a necessary level of comfort and to prevent further complications;
Possible nerve reconstruction, reconnection, graft, or muscle transfer surgeries;
Preoperative magnetic resonance imaging;
Pain management and anti-depressant medications;
Future loss of income due to disability; and
Pain and suffering.
Kansas law requires that if a person is found negligent he or she may be held financially responsible for your damages, such as pain and suffering and loss of enjoyment of life. The at-fault party may also be held responsible for compensatory damages, such as:
Medical bills
Funeral and burial costs
Lost wages of the decedent
Lost future gains of the decedent
Damages for emotional pain and suffering
Damages for loss of love, companionship, support, and leadership
Loss of benefits provided by the decedent
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How long will your case take to be resolved? Resolving a personal injury case can be as short as several days, or as long as several years. There are many factors that go into determining how long a personal injury claim can take to resolve, and Attorney T.Morton can adequately explain these factors to you. Contact us for your free consultation 913.602.7288 or complete this FORM.
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