Our knowledgeable, compassionate team have advised and represented many clients whose baby has suffered from Erb’s Palsy following negligence during delivery or shortly after birth. We understand the grief and anger that can accompany a diagnosis of Erb’s Palsy. Our Erb’s Palsy Solicitors are fully focused on ensuring you achieve the highest amount of compensation possible. This will allow you to fund rehabilitation and avoid financial stress during a time when your child desperately needs you.
Reasons to bring a claim for Erb’s Palsy
Maternity staff, including nurses, doctors, surgeons, and midwives have a duty to ensure that they do everything possible to make decisions which protect both mother and baby. If Erb’s Palsy was caused as a result of a treatment or care which fell below the standard of a competent health professional, you may be able to make a claim. Circumstances for which you may be able to able make an Erb’s Palsy claim include if:
- The wrong tools were used by the physician assisting the birth
- The wrong technique was used when delivering the baby (i.e. in the of assisted delivery devices and/or if baby became stuck while giving birth)
- Too much force was used by the health professional assisting the birth
- Erb’s Palsy was not diagnosed
- You were not taken for a caesarean section – which may have avoided the injury occurring,
If you are unsure if what happened to you was an act of medical negligence, contact our Erb’s Palsy claims team who will take the time to listen with empathy and advise if you have a valid claim. Devonshires Claims’ highly experienced solicitors will support you through the whole process of obtaining compensation if your baby suffered from negligent care or treatment. For more information or to start your free case evaluation, contact our ‘No Win No Fee‘ birth injury solicitors today on 0333 577 9444, email firstname.lastname@example.org or complete our online form.
Read our FAQs
The medical term for Erb’s Palsy is obstetric brachial plexus disorder. It refers to the paralysis of the arm caused by the damaging or severing of the upper trunk C5–C6 nerves.
Nerve injuries are categorised as follows:
- Neuropraxia – the nerve is stretched or compressed causing pain and disruption. The nerve does stay intact and full recovery occurs in most instances.
- Axonotmesis – the nerve remains partially intact. The nerve does try to self-repair; however, there is usually ongoing problems for the patient.
- Neurotmesis – the nerve is completely severed and surgery is required to repair it.
- Ruptures – the nerve is torn and cannot self-repair. Surgery involves splicing a nerve from another part of the body and grafting it onto the damaged area.
- Avulsions – the nerve is completely torn from the spinal cord and cannot be reattached. A nerve graft may restore some arm function.
Erb’s Palsy is usually detected soon after birth. Signs include:
- the affected arm is limp, and the baby holds it to the side of their body, bending it at the elbow
- partial or full paralysis of the arm
- lack of sensation in the affected area
- decreased motor function in upper arm
- impaired circulatory, muscular, and nervous development
Mild cases of Erb’s Palsy may simply present as weakness in the affected arm or tenderness.
A diagnosis of Erb’s palsy does not automatically mean there was negligent treatment. That is why it is important to seek our expert help at an early stage. We know the right questions to ask on your behalf.
To successfully claim compensation for Erb’s Palsy you must prove:
- the duty of care was breached, and
- breaching the duty of care caused the condition.
Our experienced Erb’s Palsy Solicitors will take the time to listen to your experience and advise you as to the likely success of your claim. We will instruct expert medical practitioners to provide evidence and contact the NHS Trust or private hospital, outlining the details of your claim. We will make every effort to achieve an early admission of liability in order to obtain interim payments to pay for rehabilitation so your baby’s recovery can be accelerated.
There is a limitation on medical negligence claims. You must, generally, bring a claim within three years of the negligence or the reasonable date of knowledge (if later). In cases involving children, it is usually three years from the age of 18. The Court has the discretion to extend this time limit but will only do so if there are exceptional circumstances, so it is important to contact us as soon as possible.. If your baby has been born with a shoulder injury, contact our medical negligence Solicitors immediately to see if you have a valid compensation claim.
Devonshires Claims can provide a Conditional Fee Agreement, otherwise known as no win, no fee. Your medical negligence Solicitor will inform you of the structure of a no-win, no-fee agreement.
For more information on our ‘No Win – No Fee’ agreement, please click here.
The length of time your claim will take will depend on many factors. Serious cases of Erb’s Palsy can lead to a claims process that takes at least two to three years to complete. This is why our medical negligence Solicitors are committed to building long-term, trusting relationships with clients and seeking interim payments along the way. We may be advising and representing you for some time. You can be confident that we will aggressively pursue an early settlement, but not at the expense of getting you the best settlement possible.
The following factors will have an impact on how quickly your baby’s shoulder injury claim will settle:
- the seriousness of the Erb’s Palsy
- whether ongoing care is required
- how much rehabilitation is needed
- whether your home needs renovating to accommodate your child’s needs
- whether the defendant NHS Trust or private hospital admit liability (if they do, claims can usually be concluded much faster).
Compensation claims for Erb’s Palsy not only reflect the pain and suffering experienced but also:
- Provide a route to obtaining justice for the ordeal you have been through
- Make failings in healthcare known to the public, thereby putting pressure on the NHS to improve standards
- Get you answers and an apology
The compensation payment will depend on several factors:
- How much pain and suffering your baby has had to endure
- The impact of the delay and / or negligence on your child’s health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
- Financial loses you have experienced due to your baby’s shoulder injury – including loss of earnings, medical expenses, travel expenses, and parking costs
- Any future financial losses, e.g. the cost of constant care, future earnings, pensions etc
Compensation for Erb’s Palsy falls into two main categories:
- General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life – for you and your child.
- Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment, and loss of income.
Contact our Erbs Palsy solicitors today
Our ‘No Win – No Fee’ medical negligence solicitors understand that no amount of compensation can make up for the injury your baby has suffered. We will tenaciously pursue the NHS Trust or private hospital responsible for the negligence for answers as to how the injury occurred. We can also recommend other professionals such as budget/benefit advisors, counsellors, case managers, and therapists who can support your entire family during and after the claims process. Often we can assist in obtaining interim expenses to help you cope.
The medical negligence claims process can be a nerve-wracking experience for parents who may be already struggling to cope with their baby’s disability and surgery requirements. Our Solicitors understand what you are going through and will compassionately support you through the claims process.