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Erbs Palsy Claims

Erbs Palsy Claims2024-12-30T16:12:28+00:00

What is Erb’s Palsy?

Erb’s palsy is a disorder that causes weakness in the arm and loss of movement. It may happen to both babies and adults. It is usually caused by physical damage during childbirth or severe pressure downward on the upper shoulder and arm, destroying the brachial plexus.

What are Erb’s Palsy Claims?

A lawsuit for an Erb’s Palsy Claim is a case where you seek monetary damages for your child’s impairment. In many cases of Erb’s Palsy, the fault may be traced back to a medical professional you trusted to provide appropriate care for you and your kid. You should file a claim for compensation if you can show that this individual was responsible for your medical care, made a mistake or error in judgement and that this mistake has caused your child’s impairment. Receiving compensation could mean better medical care, crucial adaptive equipment, a solid education, and perhaps therapy for your child.

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 Erb’s Palsy Claims?

For the past two decades, several medical ideas and expert perspectives about the relationship between birth, shoulder dystocia management, and Erb’s Palsy injuries have been debated. Until recently, all Obstetric Brachial Plexus injuries (including Erb’s palsy) were assumed to be caused by medical professionals applying excessive traction during a difficult shoulder delivery.

The various causes

The higher nerves are impacted in most cases of Erb’s Palsy. There are four different forms of nerve injuries:

  • Neuropraxia: This is the most common type of strain damage, which shocks but does not destroy the nerve.

  • Neuroma: A strain injury causes certain nerve fibres to be damaged and scar tissue to form.

  • Rupture: A stretch injury in which the nerve is ripped apart and does not heal independently.

  • Avulsion: This occurs when a nerve is severed from the spinal cord.

How do these cases arise?

In the absence of Shoulder Dystocia, an Erb’s Palsy injury is more likely to result from the labour itself rather than a medical error. At least 30% to 40% of Erb’s Palsy injuries occur in the posterior shoulder during delivery, and this is not thought to be attributable to any medical intervention. To avoid damage and assess any Erb’s Palsy claim, it is critical to consider the posture of the baby’s arm.

What do you need to be able to claim?

Your child may be eligible for compensation if you show that poor treatment has resulted in an avoidable Erb’s Palsy harm. The defendant may offer your child several sorts of payments depending on their injury severity and requirements.

Here are several examples:

  • Damages for the injury as a whole, as defined by the severity of the harm.
  • Physiotherapy as it is expensive.
  • Occupational therapy.
  • Hydrotherapy.
  • Surgical costs, such as nerve grafts.
  • You have lost your earnings.
  • Equipment and aids

The process/outcomes

  • You’ll need an expert solicitor to file an Erb’s Palsy compensation claim. This individual should have prior experience with birth injury and medical malpractice claims, as well as a track record of successfully obtaining compensation for clients.
  • You could go it alone, but your chances of collecting money for your child are significantly lower than if you entrust your case to a skilled Erb’s Palsy solicitor who is familiar with and understands the legal system.
  • For starters, a solicitor will be aware of when the statute of limitations expires and will be able to ensure all relevant paperwork is filed. This specialist can also offer the most robust case for proving negligence in your child’s injuries and represent you in a trial or settlement negotiation.

Conclusion

You cannot file for a claim on your own as it is a tedious task, and thus should hire a solicitor to do the job for you. We at O’Reilly Doherty have the necessary specialists to assist you in securing the correct compensation for Erb’s Palsy. We will help you from the start to the end of the process!

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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