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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 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 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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