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Erb's Palsy Claims

If medical negligence has left you or your child living with Erb’s palsy, you may have sufficient grounds to make a compensation claim. Compensation can be used to relieve some of the financial pressures that can be caused by the condition – both now and in the future.

Our team of accredited and specialist medical negligence solicitors are ready to advise anyone who was caused avoidable injury due to inadequate medical care. To speak to our team today, please use the contact details below.

 

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Why work with our Erb's palsy solicitors?

At Minton Morrill, we are industry-leading experts in the field of medical negligence.

Industry leaders

Medical negligence expertise independently recognised by leading client guides, the Legal 500 and Chambers & Partners

No win, no fee claims

We represent clients on a no win, no fee basis, meaning anyone can pursue a claim

Highly experienced

30 years of experience in advising on medical negligence claims

 

You can learn more about our expertise with medical negligence matters, including Erb’s palsy, here.

Making an Erb's palsy claim with our team

The prospect of pursuing an Erb’s palsy may initially appear rather daunting. To avoid matters from becoming too complex or overwhelming, we keep the process as straightforward as possible. We will provide regular updates on your case and answer any questions you may have along the way.

When making an Erb’s Palsy claim, our team will:

  • Meet you to discuss your Erb’s palsy case and whether you could be entitled to compensation.
  • Gather all of the necessary information relating to the incident.
  • Carefully explain funding options to pursue a claim, including no win, no fee.
  • Request all medical records from the hospitals and/or GPs involved.
  • Gather witness statements.
  • Instruct independent medical experts to report on the standard of care provided.
  • Prepare a Letter of Claim to serve to the Defendant hospital.
    • If the matter is more complex, we will also arrange a Conference with a barrister, the experts and yourself.
  • Establish quantum of damages where the Defendant makes full admission of liability.
  • Issue a claim in court where a case is disputed.

Erbs Palsy FAQs

What is Erb’s palsy?

Erb’s palsy (also known as Erb-duchenne palsy) is a medical condition which causes the paralysis of the arm. It is the result of nerve damage which is typically caused by an injury to a baby’s shoulder during childbirth. This is known as Shoulder Dystocia.

What causes Erb’s palsy?

During a difficult child delivery, Erb’s palsy can be caused when a baby’s neck is stretched to the side. If any excessive force is used by the medical staff who are delivering the baby, this can cause injury to the brachial plexus nerves.

For example, if a doctor uses the incorrect technique during delivery, or pulls too hard, this could increase the risk of injury due to twisting, turning and tugging.

Other potential causes of Erb’s palsy include:

  • Forceps – Birth assistance tools such as forceps or vacuum extraction could be improperly used.
  • Improper monitoring of foetal size - If a baby is unusually large, and/or in the breach position, this can increase the risk of Erb’s palsy.
  • Small pelvis of mother – If the mother has a particularly small pelvis, this should be anticipated and accounted for when delivering the baby.
  • Foetal distress – If there is any foetal distress, the baby may need to be delivered quickly.
  • Previous shoulder dystocia - If a mother has previously given birth to a baby who experienced shoulder dystocia, an injury to another baby is more common.
Can I claim for Erb’s palsy?

If your child developed Erb’s palsy, and it can be demonstrated that this was caused by medical errors that were made during their birth, you may have grounds to claim compensation.

If you are unsure whether you could pursue a claim, our specialist medical negligence solicitors can listen to the details of your case and advise you on your options.

How much compensation can I receive for Erb’s palsy?

It is important to note that every Erb’s palsy case is unique. This means that the level of compensation that will be awarded can vary significantly.

The amount that is awarded will be determined by various factors, including the severity of the injury, the cost of therapies, any loss of earnings and the cost of aids and equipment.

More information about our previous successful cases and how much we have been able to secure for our clients can be found in our case studies section.

Are there time limits for making Erb’s palsy claims?

Time limits are in place for pursuing Erb’s palsy claims, but only after the person you are making a claim for turns 18.

  • There is no time limit for making a claim for a child under the age of 18.
  • Once a person is over the age of 18, they have until they turn 21 to make a claim.
  • There are no time limits for making a claim for someone who lacks mental capacity.

Free consultation - find out if you have an Erb's palsy claim

To discuss your case with our team and establish if you may be able to make an Erb’s palsy compensation claim, please get in touch with our team today.