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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 doctor failure

Common claims for doctor failure range from a failure to refer a patient for tests to a failure to treat a patient when ill. A doctor failure can cause a patient to suffer unnecessary pain and could result in a missed diagnosis.

The claim for doctor failure seeks compensation for the medical negligence and the impact on your life.

Types of claims for doctor failure:

The doctor failure to refer a patient for tests can miss the chance of an early diagnosis and could put the life of the patient in danger.

It may be medical negligence when a doctor does not refer you for a blood test if you show the signs of diabetes. 

The failure to refer a patient with chest pain and shortness of breath for cardiac testing may be medical negligence if the patient has a heart attack.

O’Reilly Doherty & Co. Solicitors can look at your case and see if you have a valid medical negligence claim* for doctor failure.

The doctor failure to treat a patient when showing symptoms can prolong an illness and keep the patient suffering from unnecessary pain and discomfort.

Types of claims for a doctor failure to treat a patient showing symptoms:

  • Failure to treat a patient with an infected wound

  • Failure to treat a patient showing signs of infection

  • Failure to treat a patient by prescribing the correct medication

You may have a medical negligence claim* if the doctor failed to treat you despite you showing symptoms.

The doctor failure to get informed consent can happen at any stage of the medical treatment. Every doctor treating you must inform you fully of the treatment and make sure you understand before getting consent from you.

Types of failure to get informed consent claims:

  • Failure to get informed consent before giving a vaccine
  • Failure to get informed consent before doing any surgery

  • Failure to get informed consent before a physical examination

The doctor may face a medical negligence compensation claim* for failing to obtain informed consent.

Doctor failure to diagnose a medical condition could lead to a delay in treatment and maybe cause a patient to suffer unnecessary pain and have prolonged periods off work and in hospital.

Types of doctor failure to diagnose a medical condition claims:

  • Doctor failure to diagnose a condition by not referring to notes
  • Doctor failure to diagnose due to not following up on tests

  • Doctor failure to diagnose a condition by misreading test results

You may have a doctor failure claim when the GP or hospital doctor fails to diagnose a medical condition.

When the doctor fails to refer a patient to a hospital consultant, they are not using the services available and may be putting a patient in danger of becoming very ill.

The hospital doctor should refer a patient to see a consultant if they are showing the symptoms of a disease when in the A&E department.

The GP should refer a patient to see a consultant when the symptoms of cancer or another condition need further examination.

A doctor should refer you to see a hospital consultant if you are in constant pain and the prescribed medication is not leading to an improvement in health.

O’Reilly Doherty & Co. Solicitors will use their experience in medical negligence to make a successful compensation claim* for a valid doctor failure claim.

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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