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Brachial Plexus Claims

Brachial Plexus Claims2024-12-30T16:06:56+00:00

The Brachial Plexus is a neural network that connects your spinal cord to your shoulder, arm, and hand. A Brachial Plexus injury occurs when these nerves are stretched, squeezed, ripped apart, or torn away from the spinal cord in the most severe cases. Minor Brachial Plexus injuries known as stingers or burners are prevalent in contact sports like football. Not just that, but some babies can incur Brachial Plexus damage even during birth.

And these types of cases receive Brachial Plexus Claims as compensation.

Common claims for failure to refer for further testing

The common claims for failure to refer for further testing range from the GP not sending a patient for blood tests to the hospital consultant not ordering an MRI when making a diagnosis.

You make the medical negligence claim* for the effects of the failure to refer for further testing on your life.

Common failure to refer for further testing claims:

If the dermatologist fails to refer for further testing, they could be missing an early chance to make an accurate diagnosis. Additional testing may quickly diagnose a skin issue and allow the correct treatment to begin.

Types of failure to refer for testing by a dermatologist claims:

  • Failure to refer for further testing for a suspected melanoma 
  • Failure to refer for further testing to diagnose skin cancer
  • Failure to refer for further testing leads to incorrect treatment 

O’Reilly Doherty & Co Solicitors can make your further testing negligence claim* against the dermatologist.

When the GP fails to refer for further testing, it could affect a diagnosis or delay treatment for a serious condition. The GP is often the first line of defence in a diagnosis, and GP medical negligence can lead to numerous health issues.

Types of GP failure to refer for further testing claims:

  • GP fails to refer a patient for further blood tests
  • GP fails to refer a patient for further cancer diagnosis tests
  • GP fails to refer a patient for further neurological tests

The GP should always refer a patient for further tests before making a diagnosis.

When the oncologist fails to refer for further testing, they could waste valuable time in making an accurate cancer diagnosis, and the medical negligence could allow the cancer to progress without treatment.

Types of failure to refer by an oncologist claims:

  • Failure to refer a patient for another scan despite the first scan being positive
  • Failure to refer a patient for further testing to another oncologist
  • Failure to refer a patient for further testing when symptoms get worse

O’Reilly Doherty & Co Solicitors in Dublin may be able to make a medical negligence claim* against the oncologist.

The A&E doctor is the first doctor you meet in an emergency, and they should not make the error of failing to refer you for further testing. An A&E doctor must look at the symptoms and refer a patient for further testing before making a diagnosis. 

Types of A&E failure to refer for further testing claims:

  • A&E doctor fails to refer a patient for further blood tests 
  • A&E doctor fails to refer a patient for further cardiac testing
  • A&E doctors fail to refer a patient for scans following an accident

The A&E doctor must refer a patient for further testing to help with an accurate diagnosis and treatment plan.

If the neurologist fails to refer the patient for further testing, it could be medical negligence, as the issue may get worse until an accurate diagnosis is made in the hospital.

Types of failure to refer for further testing by a neurologist claims:

  • Failure to refer for a MRI scan on a problem area of the body
  • Failure to refer a patient for an EEG when they need one
  • Failure to refer the patient with a possible brain injury for a PET scan

The neurologist must use all available testing before making an accurate diagnosis of the patient’s condition.

Further testing is vital for making an accurate diagnosis of a patient’s condition, and it could be medical negligence by the doctor if they fail to refer the patient for additional tests.

O’Reilly Doherty & Co medical negligence solicitors can make a claim for failure to refer for further testing.

What are some common types of Brachial PlexusClaims?

Brachial Plexus injuries are one of the most common causes of medical malpractice claims, and with good reason.

  • Most obstetric Brachial Plexus birth injuries, according to medical literature, are caused by excessive traction given by an OB/GYN or midwife during the delivery process.
  • When a child’s anterior shoulder impacts the pelvic bone, doctors frequently employ excessive traction in a panic.
  • The use of obstetric delivery devices can commonly result in excessive force, causing nerve injury in the newborn. The degree of the nerve injury is another evidence of negligence.
  • Avulsion cases are complex for defence solicitors to defend. An avulsion can only occur if the nerve is pulled away from the spinal cord.

The various causes of Brachial Plexus

These injuries can occur in a variety of ways, including the following:

  • Contact sports: Burners or stingers are common among football players. They occur when the nerves in the Brachial Plexus are stretched beyond their breaking point during collisions with opposing players.

  • Difficult births: Brachial Plexus injuries can occur in newborns. High birth weight, breech presentation, or protracted labour are all possible causes. A Brachial Plexus Palsy is more likely if an infant’s shoulders become stuck within the birth canal.

  • Trauma: Brachial Plexus injuries can occur due to various traumas, such as car accidents, motorbike accidents, falls, or bullet wounds.

  • Tumours and cancer treatments: Tumours in the Brachial Plexus can grow in or along with it, impose pressure on it, or spread to the nerves. The Brachial Plexus may be damaged as a result of chest radiation therapy.

How do these cases arise?

During the delivery process, a lesion to the child’s Brachial Plexus is assumed to cause a Brachial Plexus birth injury. The affected arm’s sensory and motor function may be impaired due to this injury. Motor vehicle accidents, bike accidents, ATV accidents, sports, and other activities can cause traumatic Brachial Plexus injuries. These cases are applicable for Brachial Plexus Claims.

What do you need to do to be able to make a claim?

The method for filing a claim for brachial plexus injury depends on the damage you have suffered.  Adults who experience a brachial plexus injury in an automobile accident or at the workplace must typically apply for an evaluation by the Injuries Board Ireland. Still, brachial plexus birth damage survivors must seek medical negligence reimbursement through a lawsuit.

The process/ outcomes of Brachial Plexus Claims

When you’re looking for answers for your child who has suffered a Brachial Plexus injury then what options do you have? One way is to seek compensation to assist your child in dealing with their injury. If you want the best for your child, you should inquire about the typical settlement value of Brachial Plexus birth injury cases and how much your child’s claim could be worth. As a result, the payout average isn’t informative in this case. Finally, your child’s medical records hold the key to determining the range of settlement amounts for your Brachial Plexus Claim.

Conclusion

The process of availing the claim is not simple as it requires paperwork and legal knowledge. Thus, We at O’Reilly Doherty provide you with the best solicitors who can assist you in getting the best claims.

If you require any further information, please do not hesitate to call us on 01 8344255. Alternatively you can simply request a callback and a member of our staff will contact you as soon as possible.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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