If your child suffers from Erb’s palsy as a result of mistakes made during pregnancy or childbirth, Slater and Gordon’s specialist Erb’s palsy lawyers can help you get the compensation you deserve.
Erb’s palsy, also known as brachial plexus palsy, is a condition which affects the network of nerves (brachial plexus) that supply movement and feeling to the shoulder, elbow and hand. It is usually caused by trauma during childbirth, in which one or more of the nerves are damaged.
The impact can vary in severity depending upon how much damage is done, though it can lead to partial or complete paralysis. Often, the paralysis is temporary and can sometimes resolve itself. However, medical treatment including physiotherapy and surgery is available. In extreme cases, the damage cannot be treated, and the child can remain paralysed for life.
Trauma to region is most often caused by shoulder dystocia, which is where the baby’s shoulder becomes stuck during birth. If doctors then use excessive force to deliver the baby, it can cause severe damage to the baby’s nerves, including bruising and tears.
Erb’s palsy is not always the fault of medical professionals and can occur despite high standards of care. However, where mistakes have been made during the delivery of your child and it has resulted in injury, you may be entitled to make a claim for Erb’s palsy compensation.
What sort of medical mistakes can result in an Erb’s palsy claim?
There are a number of errors that can be made by medical professionals, that result in your child suffering Erb’s palsy. Our medical negligence specialists have secured compensation for many children in a number of different Erb's palsy claims with mistakes such as:
Improper use of instruments such as forceps or vacuum extraction
Unacceptable delay in performing a caesarean section
Failure to monitor the baby's weight, size and position
Failure to review the mother's pelvis and to perform the McRoberts manoeuvre if necessary
What types of injuries can lead to an Erb’s palsy claim?
Erb’s palsy is a term used to describe any damage or injury to the brachial plexus nerves. The impact and chance of recovery can vary significantly depending upon the severity of the injury. There are four main types of brachial plexus injuries:
Neurapraxia: this is the most common type of injury caused during childbirth and occurs when the nerve is stretched too far but not torn.
Neuroma: this occurs when the nerve has been torn and subsequently healed, but the healing process has left behind scar tissue. This tissue then puts pressure on the injured nerve and can prevent signals from being conducted to the muscles effectively.
Rupture: this describes a nerve that has been torn but is still attached to the spine.
Avulsion: this is the most serious type of Erb’s palsy injury and occurs when the nerve has been torn from the spine itself.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
What can I claim for as part of an Erb’s palsy claim?
As well as claiming compensation for pain and suffering, we’ll also include as part of your claim the cost of any care, treatment, rehabilitation, aids and equipment that’s required now or will be needed in the future. Additionally, if you’ve suffered any hardship as a result of lost earnings, this can also be recovered.
Why should I choose Slater and Gordon’s Erb’s palsy lawyers?
At Slater and Gordon, our Erb’s palsy lawyers are experts in medical negligence law and have a wealth of experience in handling Erb’s palsy claims, from the straightforward to the compex. Our award-leading team are consistently ranked highly in independent legal directories, such as Chambers and Partners, and the Legal 500, and are proud to have helped numerous clients achieve the compensation they deserve.
As well as expert lawyers specialising in the field of medical negligence, we also have trained nurses and midwives on our team with the knowledge and expertise to provide the best service possible for our clients.
If your child is suffering from Erb’s palsy due to negligent medical care, our experts are here to help you with sensitivity and compassion and will fight for the compensation that you deserve.
Is there a time limit on bringing a Erb’s palsy claim?
A Erb’s palsy claim made on behalf of a child could be brought at any time until the child turns 18 in England or Wales, or 16 in Scotland.
If a claim has not already been brought by this time, the child themselves can make a claim within three years from their birthday. There are exceptions to this rule; for instance, if your child’s Erb’s palsy injury prevents them from being able to submit a claim themselves, you may be able to claim beyond the standard deadlines.
To discuss making an Erb’s palsy claim, and to learn more about the time limits that may affect your case, speak to one of our Erb’s palsy lawyers today by calling us on 0330 041 5869 or contacting us online.
How much does it cost to bring an Erb’s palsy claim?
The majority of medical negligence cases in the UK are funded by way of a No Win No Fee agreement. This means if your case is lost, you will not have to pay anything so there’s no financial risk to you. For more information, visit our No Win No Fee claims page or alternatively, if you’d like to speak to one of our specialists, contact us for expert legal advice.
How much compensation could I receive for an Erb’s palsy claim?
To determine how much compensation you could be entitled to, a specialist Erb’s palsy lawyer should review your circumstances in detail, as the amount you receive depends on a number of different factors.
As a general rule, the more severe your child’s Erb’s palsy is, the more compensation you could be awarded. The factors that will be considered include:
How severely your child’s Erb’s palsy impacts them and their chances of recovery
Any financial hardship you and your family experience as a result of your child’s injury (for instance, if you are unable to work)
The cost of any treatment or support your child needs, including physiotherapy and adaptations to your home
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)