Could You Claim for Erb's Palsy Compensation?
If you or your child has Erb’s Palsy, then we can help you to bring a claim for damages.
The birth of your child should be a wonderful and joyous event, but sometimes childbirth is not straight forward and there can be complications. In general, medical staff are equipped to deal with these complications but occasionally there are mistakes.
We know that it can be devastating to discover that your child has been injured because of an avoidable error. But our team of clinical negligence solicitors has specialist training in the area to ensure we can help you and your family.
Living with Erb’s Palsy can be emotionally and financially stressful, whether it affects yourself, your child, or a loved one. As the leading legal team in the country for Erb’s Palsy compensation claims, our expert solicitors have unrivalled experience of conduction successful Erb’s Palsy compensation claims over the last 25 years.
If you believe you, or your child, have Erb’s Palsy as a result of medical negligence you can contact us today and start your claim.
We strive to ensure that you get the compensation and support you deserve.
Table of contents
What is Erb’s Palsy?
Erb’s Palsy, also called Brachial Plexus Paralysis, shoulder dystocia or Obstetric Brachial Palsy Injury, is an injury commonly caused to a baby during birth, where the baby’s shoulder becomes stuck after the head has been delivered (shoulder dystocia) and the brachial plexus nerves in the trapped shoulder are stretched and injured.
This is often the result of medical staff using excessive force on your baby’s shoulder during birth, and in some cases, it may have been avoided if procedures were followed, but it can also be made worse by delays in treatment.
The injury to the nerves can range from:
- Avulsion – where the nerves are pulled from the spinal cord.
- Rupture – where the nerves are torn apart.
- Neuroma – where a growth can form on the nerve.
- Neurapraxia - where there is nerve is simply “bruised”.
How are people affected by Erb’s Palsy?
The impacts of Erb’s Palsy can be devastating, but whilst the majority of children make a full recovery, it can cause lifelong injury. It can affect some or all the nerves which supply movement to the shoulder, arm, wrist and hand, and in severe cases your child could suffer partial or complete paralysis.
Because of our extensive experience and our relationship with the Erb’s Palsy Group we know that Erb’s Palsy isn’t simply a physical injury. Someone who has Erb’s Palsy may also suffer with psychological and emotional problems as a consequence.
As a parent it can be very difficult to cope emotionally after what is likely to have been a traumatic birth, as well as coming to terms with looking after a child that needs extra care and is facing a lifelong disability.
Is Erb’s Palsy permanent?
The majority of children can make a full recovery with prompt treatment. Medical professionals should recognise signs of shoulder dystocia and there are clear steps for them to follow to solve the problem when shoulder dystocia is encountered.
Certain situations can heighten your risk of shoulder dystocia and the child suffering from Erb’s Palsy:
- Gestational diabetes
- Pelvic abnormalities
- Long labours
- The use of forceps or vacuum extraction
- Excessive maternal weight gain
- Babies in breech position
If you believe you or your child have Erb’s Palsy as a result of medical negligence you can start your claim today with our online form.
Can you make a claim for compensation?
If you or your child have Erb’s Palsy you may have concerns about how you will manage into your future. Starting a medical negligence claim can bring you the financial support, and answers, you are looking for.
If you believe you, or your child, have suffered due to negligence from medical professionals, or as a result of medical delays, then our specialist team of solicitors may be able to help.
What can you file a claim for?
We can help you secure Erb’s Palsy compensation if the medical professional didn’t,
- Use the correct tools/force during the birth.
- Advise you about the potential risks of birth injuries.
- Acknowledge signs that can cause Erb’s Palsy.
- Refer you for a caesarean section in the likelihood of a problematic birth.
- Take steps to move your baby out of a trapped position.
Erb’s Palsy compensation can be used to cover the costs of ongoing care, and the cost of any losses the family have incurred due to the injuries, such as,
- If parents have had to take additional time off work
- If parents were unable to work
- If there have been costly medical appointments
- If your child has needed ongoing rehabilitation and physiotherapy
- If your child has had their earning potential in the future impacted
- If your child needs future care or home adaptations
If you are unsure whether you have a medical negligence claim, our expert solicitors will be happy to discuss your case with you.
When can you file a claim?
Generally, medical negligence claims should be made within three years from the date you or a loved one suffered medical negligence. However, there may be exceptions, such as in the case of children, the three year limit doesn't start until after their 18th birthday.
How likely is an Erb’s Palsy claim to be successful?
To succeed with a clinical negligence claim we need to establish both breach of duty and causation. We need to show that the care you received was substandard and that it caused you an injury. In the majority of cases, expert evidence will need to be obtained to support any allegations made.
If you are unsure whether you have a medical negligence claim, our expert solicitors will be happy to discuss your case with you.
Successful Erb’s Palsy claims
Testament to our national reputation of winning cases and securing maximum compensation for our clinical negligence clients, below are some examples of expert medical negligence solicitors recent case wins.
Admission of liability from Hospital Trust after Erb’s Palsy investigation
T was born at Leighton hospital in 2013 and was diagnosed with a brachial plexus palsy to his right side. Clair Hemming was instructed to investigate a potential claim by his parents. Following extensive investigations, formal allegations were put to the Defendant Trust in 2020 by Tozers. The Trust had previously denied that they were responsible for causing T’s injury when his parent had asked for an explanation following his birth.
However, after instructing their own solicitors and formally investigating the claim, the Trust then responded to the allegations in June 2021 by admitting liability and offering an apology.
TXX is too young to assess his compensation award and his claim will now be stayed for several years.
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PARTNER AND SOLICITORClair Hemming |
Full £965,000 compensation for adult who suffered Erb’s Palsy at birth
In 2020 Kate Stone achieved a full admission of liability from University Hospitals of Leicester for her adult client who suffered a brachial plexus injury (Erb's Palsy) at his birth at Leicester General Hospital in 2001.
As this client was at an age when a final prognosis was possible, appropriate medical evidence was gathered to assess the extent to which the injury will affect him throughout his life. His past and future losses were then quantified, and a negotiated settlement was achieved in September 2021 without the need to issue court proceedings.
Our client will now be able to complete his degree course and move on with his life in the knowledge that his future care needs will be met. This is particularly pleasing given that his parents had previously been advised by other solicitors that they would not be able to proceed with the claim.
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SOLICITORKate Stone |
Support for Erb’s Palsy
If you , your child, or a loved one has been affected by Erb’s Palsy, then getting support and advice may be just as important as looking to make a claim.
Erb’s Palsy Group
The Erb’s Palsy Group is a national charity which offers advice, information and support to families affected by the condition.
We’ve worked closely with the Erb’s Palsy Group for over 25 years, supporting them to increase awareness and promote better understanding of this condition. The group strives to reduce incidence rates through education and training of the medical profession but also to promote better treatment, by early referral to specialist centres.
Because of our close connection with the Erb's Palsy Group we understand your needs and concerns and can support you through the compensation process aiming to make it as pain free as possible.
Erb’s Palsy Awareness Week
Every October the Erb's Palsy Group raises awareness about Erb's Palsy through an Erb's Palsy Awareness Week. Through social media, events and fundraising they aim to increase people’s knowledge of Erb's Palsy, and provide information and support to those affected.
As one of the legal firms that work closely with the Erb’s Palsy Group, we provide support throughout the awareness week, giving information on symptoms, first-hand client stories, and information and support for those looking to make a claim.
Find out more about Erb's Palsy Awareness Week, and see our latest video advice and insights.
How can Tozers help?
We know that it can be devastating to discover that your child has been injured because of an avoidable error. But our team of clinical negligence solicitors has specialist training in the area to ensure we can help you and your family.
If you or your child has Erb’s Palsy, then we can help you to bring a claim for damages. We are the leading team of medical negligence solicitors in the country in Erb's Palsy compensation claims, having conducted around 300 claims over the last 25 years, and we have achieved some of the highest awards for damages in the Country.
We are here to make sure that you get the best legal advice possible and to secure the maximum compensation for your injury and loss. Our solicitors will help you to navigate the future, guaranteeing that you have the funds you need to cover all your future medical, equipment and care needs.
How can Tozers help with an Erb’s Palsy claim?
Because of our experience, we understand the current legal, medical and practical issues of Erb’s Palsy claims and have access to the leading experts and Barristers.
Our work in this highly specialist field has also helped bring about an increased awareness of Erb’s Palsy and how the injury may be avoided. We are recommended by the Erb’s Palsy Group whom we’ve supported and worked closely with since they were formed in the early 1990’s. Our lawyers are therefore best placed and have both the medical and legal knowledge to help you with your claim
Find out how we can help you
We're ready to help you make your medical negligence compensation claim today. Contact our specialist solicitors for a free initial chat about your situation and find out how you can get started. Use our online enquiry form or call our specialist team on 01392 937 278.
