Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today’s modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient’s quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.

What is involved in making a claim?

The doctor in the first instance will be assessed against other doctors in the same speciality. The two fundamental questions that will be asked will be:

* Was the doctor responsible for falling under the standard expected from doctors in his or hers speciality?

* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare with what actually happened?

The most common causes of brachial palsy are:

- Improper preventative patient care: Doctors have about 8 months to determine the best case scenario for the delivery and how it can be achieved. They should be looking at the size of the baby and make sure that it is not too big to exit the birth canal. Then, of course, they must also look to make sure the mother does not have a below average size birth canal.

- Improper direction of the baby: If the mother has a breech delivery, then there is a chance that the doctor could have prevented the direction the baby would exit with either certain treatments or with an alternative delivery. Babies who come out feet first leave their arms up in the birth canal. This applies a lot of pressure to the nerves of the shoulder and can leave the baby with brachial palsy.

- Excessive force in the delivery: Some nurses or doctors will actually pull on the arms of the baby when it is coming out head first to make the delivery go by faster. This also can result in brachial palsy

Resource Author Francisco Rodriguez Higueras
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