Erb’s Palsy Compensation Claims

Bringing up a child with Erb’s Palsy can be emotionally and financially stressful. Our medical negligence lawyers can make things a little easier by helping you get the compensation and support you deserve.

Erb’s Palsy (also called brachial plexus paralysis) often results from medical staff using excessive force on your baby’s shoulder during birth. We can help you secure compensation if the doctor, midwife or nurse treating you 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

Our birth injury experts will fight to get the best outcome for you and will always act to get your child the medical care they need.

We’re one of a select group of law firms that offer funding support through legal aid for certain types of birth injury claims. We can also accept cases on a No Win No Fee basis*.

For a free initial consultation about making an Erb's Palsy claim, call us today on 0800 121 6567 or contact us online and we'll get back to you as soon as possible.

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Erb’s Palsy Compensation Claims - More Information

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

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Frequently Asked Questions

What Is Erb’s Palsy And How Is It Caused?

Erb’s Palsy, often known as brachial plexus paralysis, is normally caused because of trauma during birth. The brachial plexus is a network of nerves that send messages from the spine to the shoulder, arm and hand.

If one or more of these nerves are damaged by bruising or tearing, your child could suffer partial or complete paralysis. Sometimes this paralysis is temporary and will resolve on its own, but many will require medical treatment. In the most severe cases, the child can remain paralysed for life.

Erb’s Palsy is commonly caused by shoulder dystocia in difficult labours. If inappropriate or excessive force is applied to the baby’s head, neck or shoulders, serious injuries can be caused.

Medical professionals should recognise signs of shoulder dystocia and implement techniques so that injuries are avoided. The effects of negligent care in this scenario can be life-changing and could mean that your child has to cope with severe disabilities throughout their life.

Certain situations can heighten your risk of shoulder dystocia and the child suffering from Erb’s Palsy:

Shortness (in height)
Gestational diabetes
Pelvic abnormalities
Long labours
The use of forceps or vacuum extraction
Excessive maternal weight gain
Babies in breech position

Your midwife or doctor should recognise if you’re likely to have problems during the birth and may suggest that you have a caesarean section or advise you on other precautionary measures.

Our lawyers are here for you if the medical professional treating you didn’t act within their duty of care. They should always check for any signs of shoulder dystocia and undertake any measures to avoid this condition.

What Injuries Can Be Caused As A Result Of Erb’s Palsy?

When the brachial plexus nerves are bruised or torn, serious injuries can occur that often require special medical treatment. Your child could suffer a number of nerve injuries as a consequence of shoulder dystocia, including:

Neuropraxia (stretching of the nerve)
Nerve ruptures
Avulsion (nerve roots completely displaced from the spine)

Your child could need extensive surgery because of these injuries, especially in the event where nerves need reattaching. There’s also the risk of permanent paralysis, so it’s crucial that medical professionals treat this condition carefully.

Other injuries can also be caused as a consequence of shoulder dystocia, such as:

Fractures (to the humerus and collar bone)
Cervical subluxation (separation of the neck bones)
Facial palsy (weakness of the facial muscles)
Shoulder dislocations (more prone to this happening in the future)

Sometimes you might not recognise that your child has Erb’s Palsy straight away but there are common signs and symptoms that medical professionals should recognise including:

A limp arm that’s bent at the elbow
Lack of ability to grip with the affect hand
Partial or full paralysis
No sensory or motor function in the upper arm
Numbness in the arm

What Constitutes Negligence?

If your midwife or doctor applies excessive traction to your baby’s head, neck or shoulders during delivery, damage can be caused to your baby’s brachial plexus nerves. Guidelines have been put in place that should be followed when shoulder dystocia occurs to manage the condition…

… and to avoid or minimise the injuries that are caused. If these protocols aren’t followed, you might be able to make a claim on the behalf of your child. Claims can be made if the person treating you didn’t:

Advise you about the potential risk of shoulder dystocia
Recognise prenatal signs of shoulder dystocia (size and position of your baby)
Refer you for a caesarean section when appropriate
Attempt to move the baby free from its trapped position
Follow procedures for a safe delivery (used excessive force which caused injury)

Our medical negligence solicitors can help get you the compensation that can pay for essential treatment for your child. If you’ve received negligent care, contact us today on 0800 121 6567 to set up a free initial consultation.

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