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Currently Browsing: Injuries and Disability

Birth-Related Injuries

The chances of a child suffering from health complications can appear during pregnancy or on labor and delivery. These complications can bring about cerebral palsy, which was first thought to be caused solely by a combination of asphyxia and a complicated birth. However, this is only among the many reasons for cerebral palsy, and that factors such as problems during the fetal development stage can also lead to cerebral palsy.

One way to help determine the health of the newborn child, they are tested and will be designated an APGAR score. APGAR (which stands for Appearance, Pulse, Grimace Response, Activity, and Respiration) is a scoring method used to promptly summarize the baby’s health as determined through their muscle tone, respiration, heart, reflexes, and color. The result will help determine the child’s risk to cerebral palsy, with the evaluation taking place at one and five minutes after birth, and at successive intervals after that, if needed.

Although there are a number of risk factors that can lead a child to have cerebral palsy, having the presence of one or more risk factor does not equate to the child having cerebral palsy. Based on various studies, majority of cerebral palsy cases are due to factors that can be prevented. One of these preventable risk factors is medical errors. Medical errors such as the incorrect use forceps and vacuum extractors can lead to traumatic brain injuries and eventually, cerebral palsy. According to the website of Habush Habush & Rottier, S.C.®, doctors or medical practitioners who have made the medical error that resulted to serious injuries can be held accountable that the child and the parents have suffered. Since such errors can be preventable, they can account as negligence on the part of the medical staff if they indeed commit medical mistakes and caused serious and irreversible damage to the child.

However, there are also non-medical causes of cerebral palsy. According to the website of the Driscoll Firm, P.C., healthy young children whose brains are still in the developmental stages can still develop cerebral palsy when they suffer from any type of traumatic brain injury. A direct injury to the cerebrum can significantly affect the motor skills development of the child, as well as their cognitive abilities. Car accidents, drowning, or serious physical abuse are things that can lead to a child developing cerebral palsy. And those how have been victims of such negligent or reckless actions can file a personal injury claim to get financial compensation for the damages the victim and their families will have to go through.

Complex Regional Pain Syndrome is a Disability

Complex regional pain syndrome (CRPS) is considered a chronic systemic disease defined by severe pain, swelling in the affected area, and changes on the skin. The most common affected areas are the limbs, such as the arms and legs, following a serious injury or trauma to that particular part of the body. Although the cause of CPRS is not completely determined, it is widely believed to be due to damage to or the malfunction of the central and peripheral nervous system.

Symptoms of CPRS are varied in their length and severity; constant and intense pain that worsens rather than getting better as time passes is the most common that is reported. CPRS is divided into two general groups; Type 1, where there is no distinct evidence of nerve lesions and is the most common type, and Type 2 that has more obvious nerve lesions and rates higher on the McGill pain scale. CPRS can lead to a number of complications that can become intolerable and debilitating. Such conditions can be a hindrance to work, which prompts many affected by CPRS to apply for SSDI disability benefits. According to the website of the Hankey Law Office, those who have suffered CPRS for more than 12 months can qualify for an SSDI benefit.

There are certain requirements that should be met before the Social Security Administration grants an SSDI benefit. First, the condition should be considered a “medically determinable impairment” that proves evidence of RSD. Next, they will establish whether you are still capable of performing your old tasks and see if there are other work opportunities for you. Because it can be a significant factor for a worker to lose their job, getting workers’ compensation or filing a personal injury claim against the company or the person who caused the injury that worsened the CPRS can be helpful.

According to the website of personal injury lawyers at the Mazin & Associates law firm, is important to present strong and valid evidence of the effects of the CPRS in order to qualify for an SSDI benefit. Because of the difficulty of getting disability benefits for chronic pain finding legal help through personal injury or disability lawyers would be the best way to avoid being denied. These legal help plays an essential part in representing your case in court and fight for your right of benefits.

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