Overview

Erb's Palsy Claims

Erb's Palsy is a condition arising from nerve damage in the brachial plexus, which is in the neck or shoulder area. Commonly caused during dystocia (more commonly known as a ‘difficult birth’ or obstructed labour), in serious cases it can have a significant impact on the child’s life, as well as his or her family.

In some cases, shoulder dystocia can be caused by negligent treatment from medical staff. For example, a common cause of Erb's Palsy (Brachial Plexus Paralysis) is excessive force applied to the baby’s head or neck during delivery. If this happens to you, Jackson Lees Solicitors may be able to act on your child’s behalf in an Erb's Palsy claim.

At Jackson Lees, we have investigated a variety of claims of this sort, and have considerable experience of the issues that arise, and the standards of proof needed. The cases can often be complex, especially if the investigation only begins when the child is older, as medical records may be harder to obtain after a number of years have passed, and we have worked with an number of experienced experts who are very familiar with the issues.

Jackson Lees Solicitors have over 25 years of Medical Negligence experience. We have helped many clients throughout England and Wales get the outcome they deserve.

We can visit you at home or out of hours if this is more convenient and our initial consultation is free of charge.

We can take cases on under a conditional fee agreement, also known as ‘no win, no fee’.

Call us today on 0151 282 1700 or complete our online enquiry form.

The impact of Erb’s Palsy

The severity of Erb's Palsy varies; some sufferers are able to make a full recovery either naturally, with physiotherapy or through surgery.

However, occasionally, the nerves are damaged or stretched to the point where achieving full use of the affected arm is not possible. On a practical level, this can mean:

  • The arm cannot be moved or raised or bent.
  • The limb’s growth may be stunted, or it may be positioned at an unnatural angle or position.
  • Subsequent injuries to the arm may take longer to heal.
  • Sufferers can experience varying degrees of pain and discomfort, ranging from none at all to severe.

Erb’s Palsy cases can range considerably in terms of the extent of problems caused by the original injury, and consequently, the level of compensation achieved can also vary dramatically.

Case Study

In one recent case, we acted for a client who had sustained severe Erb's Palsy, following alleged mismanagement of her birth. It was argued that the delivery staff had applied excessive traction to the baby’s head during the delivery, and that this had caused a brachial plexus injury and Erb's Palsy to one arm.

The Claimant was left with limited movement in her right arm, and could only move it through 45 degrees. These problems remained, despite the receipt of considerable follow up treatment, and the Claimant was left in a position where she required ongoing care and assistance with many day to day tasks as a result of the limited function of her arm.

It was argued that ability to earn her living had been affected, and she had also suffered from psychological difficulties as a result of her problems, and her confidence had been affected.

Following careful investigation of the medical issues, the Defendant admitted breach of duty of care, and that this had caused the Claimant’s injuries. The parties then went on to investigate the value of the case, and following careful consideration of all aspects of the Claimant’s losses, the matter eventually settled for damages of £300,000.

Our Medical Negligence Solicitors

The work carried out by our Medical Negligence solicitors can help secure the practical financial assistance you need for any rehabilitation or ongoing Erb's Palsy treatment. We have over 25 years of experience in these cases, so you can rest assured that our team knows exactly what is required to uncover the truth in these matters.

We work with independent medical experts to support your claim and help you do the right thing in the right way.

Most importantly of all, a successful claim can help safeguard the future of your child. We have acted in many Medical Negligence claims involving children, and will approach your case with the care and sensitivity it deserves.

Our knowledge hub may be useful to you, in particular the following articles, ‘Maternity units, under resourced?‘ and ‘Why is childbirth still so risky?’.

In recognition of our strong track record of providing Medical Negligence advice you can trust, we are accredited by the Law Society and Action Against Medical Accidents (AvMA).

For more information, call our team today on 0151 282 1700, or use our enquiry form to tell us about the circumstances surrounding your case.