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Erb’s Palsy is an injury that most commonly occurs at birth when the baby’s brachial plexus nerves are damaged. Damage to these nerves can cause severe long-term consequences, and negligent handling of childbirth can sometimes be found responsible for the injury.
If this is the case, a claim can be made for compensation and to find out what went wrong. We have considerable experience and expertise with Erb’s Palsy claims, and fight hard to give you or your child the best possible outcome.
Erb’s palsy cases can be complex and technical, requiring specialist medical-legal knowledge to pursue. If you believe that you or your child may have an Erb’s palsy case please contact us via our freephone number or by filling in our ‘request a call back’ form. We will ensure that you get to speak quickly and directly to one of our dedicated team who can advise you on your options, free of charge.
After you first make contact, we will then:
– Use our skills and knowledge to analyse your case
– Advise on the next best steps for you to take with your claim
– Explore the best ways of funding your case with you if we believe you have one
We understand the demands of caring for a disabled child and are able to work around you and your schedule. We are available out of hours and are happy to visit our clients at home when requested, providing a high level of support and guidance throughout.
Erb’s Palsy is an injury most commonly caused by a birth trauma when the baby’s brachial plexus nerves are damaged. Sometimes during childbirth the baby’s shoulder may become trapped (known as “shoulder dystocia“) and damage to the brachial plexus nerves can occur during attempts to free the shoulder. These nerves control the muscles and feeling to the shoulder, arm, wrist and hand and damage to these nerves can have severe consequences with lifelong implications for the child. Each baby’s injury is different, but it can often cause a life-long disability that affects the mobility and function of their arm.
You or your child may have a claim if you feel the cause of Erb’s Palsy was due to negligent medical treatment. These cases can be complex, and there are many circumstances in which negligent medical care may have caused Erb’s Palsy. Some possible examples include:
– When the baby’s shoulder becomes trapped (“shoulder dystocia“) and the steps that should be taken to free the trapped shoulder were not followed or implemented properly.
– If there is an increased risk of shoulder dystocia occurring during the birth – for example if shoulder dystocia occurred during a previous delivery, or if the baby is expected to be very large – but the risk factors are not discussed with the mother so they can make an informed decision to have a caesarean instead of a vaginal birth.
There are a number of circumstances which could be cause for a claim, and our experienced team can advise whether the Erb’s Palsy is likely to have been caused by negligence or not.
If you think that your child has an Erb’s Palsy claim, then a detailed investigation will be undertaken with the assistance of medical experts to explore the standard of medical care provided and the likely cause of the injuries suffered. Our specialist Clinical Negligence Solicitors can lead and support you fully through this process.
The specialist team will always strive to carefully plan a case so that it progresses as swiftly as possible, but a lot will depend on the complexity of the claim and how long the Defendant takes to respond.
The extent of the compensation will vary depending upon the severity of the Erb’s Palsy and the impact it has on the individual. Compensation is awarded in two categories:
– General damages to compensate for you or your child’s pain, suffering and general loss of amenity;
– Special damages to compensate for any direct financial losses suffered, both past and future.
Compensation in Erb’s Palsy cases can often include:
– Additional care required;
– Any treatment required as a result of the injury;
– Costs of physiotherapy, rehabilitation treatment and specialist items of equipment;
– Loss of earnings if the injury has affected, or will affect earnings.