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You may be able to make Erb’s palsy claims and claim for compensation if your child came about the condition due to negligence during childbirth.
Erb’s Palsy Compensation Claims
Erb’s palsy (Erb-duchenne palsy), or paralysis of the brachial plexus is a condition where the arm is paralysed as a result of an injury or damage done to the group of nerves on a baby’s shoulder or upper arm. When your child suffers from this condition during childbirth as a result of negligent delivery, you may be able to make an Erb’s palsy claim.
Also known as Shoulder Dystocia, Erb’s palsy results from an injury to the upper trunk C5-C6 nerves which form part of the brachial plexus. This condition can be caused by a traumatic childbirth where the baby’s shoulder being stuck after their head is delivered, was pulled or stretched in the birth canal. Apart from the upper arm, damage can also be done to the baby’s neck.
The brachial plexus is a group of nerves made up of five large nerves found in the neck and shoulder region. These nerves come out of the spine, pass between the neck bones, go under the clavicle (collar bone) and then into the upper arm. The nerves are responsible for sensory and motor function in the arm.
How Is Erb’s Palsy Caused?
Brachial plexus palsy mostly happens from medical staff using excessive force on your baby’s shoulder during birth. It is one of the birth injuries which can be completely avoided if the medical team does their job properly, conducts the necessary checks and ensures that everything is ready for the baby to be delivered without complications.
Some Erb’s palsy risk factors include;
- Baby in a breech position (coming through the birth canal with the buttocks or legs and not with the head)
- Baby has a high birth weight
- Prolonged delivery
- Shape of mothers pelvis which may cause the baby to get stuck
When Can You Make Erb’s Palsy Claims?
It can be a really tough and challenging experience having a child with Erb’s palsy. The baby will most likely be unable to move the affected shoulder or upper arm. The baby may also not be able to grip with the affected hand. There will also be loss of motor and sensory function in the upper arm.
You may be able to make Erb’s palsy compensation claims if your baby suffered birth injuries as a result of negligent care during delivery. Our partnered lawyers who have experience in medical negligence claims of this nature are able to provide you excellent legal representation and help you seek compensation.
Need assistance? Reach out today on 0800 644 4240
What mistakes can lead to Erb’s palsy lawsuit?
Here are some mistakes or negligent actions of medical professionals which may lead to an Erb’s palsy compensation claim:
- Failure of the medical professional to use the right tools or force during delivery. For instance, if birth assisted tools such as forceps or vacuum extraction (ventouse) are not properly used to perform some manoeuvres to aid delivery.
- Failing to detect risk factors that could cause Erb’s palsy. This can include failure to monitor the size and position of the foetus and opt for a caesarean section if the baby is unusually large or in a breech position.
- Failing to check if the mother is able to deliver naturally. If the size of the mother’s pelvis is too small, erb’s palsy may occur during birth.
- Failing to inform you of certain risks for you to make an informed decision before carrying out any procedure.
- Failure to take note of mother’s child birth history. For instance, if any of her earlier pregnancies resulted in a child with brachial plexus paralysis.
Do Babies Who Suffer Erb’s Palsy Make Full Recovery?
Most times, the prognosis of Erb’s palsy is a function of how severe the injury is. In terms of severity, there are usually four types of nerve injuries which may affect the brachial plexus.
The less severe form is Neuropraxia where there is a stretch causing shock to the nerves but no tear. Some babies who suffer this form may recover. However, other more serious nerve injuries like Neuroma where the stretch causes damage to the nerve fibres; Nerve Rupture where the nerves are torn apart or Avulsion where the nerve is torn from the spinal cord will lead to permanent disabling conditions for the child.
For children with less serious injury to the brachial plexus, rate of complete recovery is higher but where these infants are not able to heal between three to five months, a surgical procedure may be done. If the surgery doesn’t correct the condition, the child may be disabled for life.
What to Expect in an Erb’s Palsy Compensation Claim
You may be able to make an Erb’s palsy claim if your child suffered the condition as a result of negligence during childbirth. You may also be able to make a claim for Erb’s palsy if you are an adult (old enough to make a claim) who suffered the condition as a child. You will be able to do this after your 18th birthday.
Reach out to us on 0800 644 4240 today.
While making your claim,
- You should be able to provide evidence that your medical health provider was indeed negligent.
- You should also prove it was negligence that caused the condition and not your fault.
- Additionally, you should be able to provide evidence of injury or damages you suffered as a result of the substandard care you received.
Why file an Erb’s palsy claim?
Filing a claim can help parents take legal action against those responsible for their child’s preventable brachial plexus injury. Getting awarded a financial compensation goes beyond accountability, enabling parents to provide the best possible care and cover all expenses associated with the child’s treatment.
Potential Financial Compensation for Erb’s Palsy Claims
Compensation amounts for erb’s palsy claims will depend on the nature of the injury and will cover the following;
- Severity of injury
- Future prognosis
- Cost of therapy
- Cost of further medical care include surgery (nerve graft or tendon/muscle release)
- Financial losses incurred and estimated future losses (especially as you may be unable to work)
- Cost of special aids and equipment
Reach out to us on 0800 644 4240 to see if you qualify for a free claims assessment form to begin your compensation claims process today.
Connect with an Expert Erb’s Palsy Lawyer near you
We are a claims management company and receive payments from our partnered law firms for our service. If you qualify for a free claim assessment and that assessment is successful, you will be connected to an expert law firm to assist with your potential claim. Our service is completely free.
Our partnered Erb’s palsy solicitors will provide all necessary guidance, including the required pieces of evidence to strengthen your claim. Having represented several clients over the years and secured deserving compensation amounts, you can rest assured you will get the best support you need.
For inquiries call – 0800 644 4240. Get started!
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