Compensation for paralysis due to medical malpractice and accidents at work

Victims of medical malpractice and accidents at work can turn to a law firm to obtain compensation commensurate with the damage suffered. In such cases, the causal link between the negligence or human error and the physical injury must be proven.
With regard to Erb’s palsy, health professionals sometimes overlook certain risk factors, such as macrosomia of the foetus and, in the case of the mother, diabetes and small pelvis. These are all elements that a gynaecologist should take into account, informing the woman of the possible problems she will face and discussing with her the different types of childbirth.
During labour and delivery, malpractice is often due to the absence of experienced gynaecologists and the incorrect use of obstetric suction cups and forceps, which are used with excessive force on the baby’s head and neck. These incorrect manoeuvres can lead to hypoxia and ischaemia, damaging the infant’s brain and leading to cerebral palsy; in some cases, such careless manoeuvres cause Erb’s palsy.
In some circumstances, negligence occurs during pre-delivery monitoring, when fetal distress can be detected through the cardiotocographic trace. If the tracing shows signs of hypoxia or ischaemia, the solution is an emergency caesarean section to avoid brain damage to the baby, but if this is not done, as some cases have shown, the medical staff are responsible for the health consequences for the baby.

Compensations in case of paralyses

In order to claim compensation in the event of these paralyses, it is necessary to prove errors and negligence on the part of the doctors through the study of medical records, carried out by specialists appointed by the law firm handling the case. Once liability has been established, a request for compensation is sent to those responsible for the damage; if no agreement is reached, a civil lawsuit is filed. The claim must be made within ten years of the date on which the parents became aware of their child’s injury. Both the malpractice victim and his or her family members are eligible for compensation for biological damage and property damage.

Accidents at work are also often caused by gross negligence. It is the employer’s duty to take all measures required by law to prevent accidents to employees. If this is not done, the risks multiply and can lead to accidents of varying degrees of seriousness: the worker may fall from roofs, scaffolding and ladders, be struck by a heavy object falling from above or fall victim to unsafe machinery.
Brain injuries sustained after such accidents sometimes result in severe disabilities, impairing cognitive functions and mobility. Paresis and plegia are two forms of paralysis that can affect the upper and lower limbs in the event of brain damage due to an accident. Paresis is a reduction in motor capacity, while plegia is the complete absence of movement.
The consequences of these events on people’s lives are dramatic: partial or total inability to work, the need for constant care and specialised assistance, serious psychological and financial problems. All this also affects the victim’s family members, affecting every aspect of their lives. Therefore, a claim for compensation is indispensable in order to at least meet the substantial expenses due to the need for therapy, medication and other support.
The claim for compensation must be made within ten years from the time of the accident. If the attempt to settle out of court fails, the law firm appeals to the labour court.