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Erbs Palsy Claims

Erb’s palsy is a medical condition causing paralysis of the arm due to nerve damage. It usually occurs during a difficult childbirth as a result of an injury to a baby’s shoulder. While Erb’s palsy can normally be effectively treated with the right care, this takes time, and some level of long-term damage may remain. 

Where Erb’s palsy was caused by a baby’s delivery being negligently managed, then it may be possible to make a substantial birth injury compensation claim. Having the right legal support can boost your chances of success and make the claims process much easier. 

Minton Morrill Solicitors have a strong track record of successfully pursuing Erb’s Palsy compensation claims. Our specialist team have the experience and expertise to help your child get the compensation they deserve so that they have the right support to help with their injury. 

Our experts can offer you: 

  • A free initial consultation to discuss your Erb’s palsy claim 

  • Close, personal support from a team who cares about you and your family 

  • Decades of specialist expertise with Erb’s palsy medical negligence 

  • A track record of millions of pounds in compensation secured for our clients 

  • No win, no fee Funding (so you don’t have to worry about costs) 

  • Specialist lawyers who hold a clinical negligence accreditation by the Law Society 

  • Specialist lawyers who hold the gold standard AVMA clinical negligence accreditation 

  • Reassurance with our skills in alternative dispute resolution. This means that most Erb’s palsy claims we handle are settled before trial. 

 

Book a free consultation with an Erb’s palsy lawyer 

To arrange a free consultation with our Erb’s palsy compensation claims specialists, please call 0113 345 2388 or use our simple online enquiry form and we will get back to you within 48 hours. 

 

What is Erb’s palsy? 

 

Erb’s palsy or Erb-duchenne palsy, also known as a brachial plexus injury, is where there is paralysis of the arm caused by injury to the upper group of the arm’s main nerve. Specifically, where there is severing of the upper trunk C5-C6 nerves which form part of the brachial plexus. Erb’s Palsy is usually caused during childbirth when a baby’s shoulder becomes stuck after their head is delivered. This is known as Shoulder Dystocia. 

Babies who are born with Erb’s palsy may not be able to move their shoulder but may be able to move their fingers. If both the upper and lower trunk nerves are stretched and damaged, the condition is usually more severe than an Erb’s palsy diagnosis and is described as global or total brachial plexus birth injury affecting the shoulder, arm and hand. 

Where Erb’s palsy was caused or made worse as a result of medical negligence, then it may be possible to claim compensation. 

 

What causes Erb’s Palsy? 

 

Erb’s palsy is often caused when a baby’s neck is stretched to the side during a difficult child delivery. Excessive force by the medical staff in delivering the baby can cause injury to the delicate brachial plexus nerves. If a doctor, for example, pulls improperly or too hard during delivery this increases the risk of injury such as lots of twisting, turning, pulling and tugging. 

Other Erb’s palsy causes include: 

  • Forcep Delivery: - Birth-assisted tools, such as forceps or vacuum extraction (ventouse), may be used improperly by the operator including performing inappropriate manoeuvres. 

  • Failure to properly monitor foetal size and to perform, or offer, a caesarean section in large infants. If a baby is unusually large and/or in the breach position, the chances of an Erb’s palsy injury increase. It ought to be possible for a Doctor to be able to tell when a baby is in the breach position and also what the baby’s estimated weight is. The failure to monitor this can result in an Erb’s palsy injury. 

  • Mothers with a small pelvis can be prone to have babies that may get stuck. It is again important for this to be reviewed alongside the anticipated size of the baby. 

  • In the event of an Obstetric emergency where there is fetal distress (the baby is being starved of oxygen), there may be a need to deliver the baby very quickly; the speed of which may result in an Erb’s palsy injury. 

  • Where a mother has previously given birth to a baby that has suffered shoulder dystocia, the likelihood is that such an injury may well be more common with the next birth. This ought to result in a detailed discussion about the mode of delivery. 

 

Erb’s palsy symptoms 

 

Erb's palsy symptoms in babies typically include weakness or paralysis in one arm, making it difficult for the baby to move the affected arm or shoulder. You might notice that the baby keeps the arm close to the body and doesn't use it as much. The arm may also appear limp or show a lack of reflexes. In some cases, there can be a loss of feeling in the arm, and the baby's grip might be weak. These symptoms are usually the result of nerve damage during birth. 

 

Erb’s palsy in adults 

 

Erb's palsy in adults can occur when damage is caused the nerves in the shoulder and arm. In some cases, we have known Erb’s palsy to be caused by medical negligence, particularly during surgery or medical procedures that involve the neck or upper body. If the nerves are stretched or torn due to improper handling, lack of care, or excessive force, it can lead to weakness, paralysis, or loss of sensation in the arm. This kind of negligence can cause long-term disability and impact the individual's quality of life. 

 

Erb’s palsy – waiter’s tip 

 

In some circumstances, individuals may experience "waiter's tip", which is one of the signs of Erb's palsy. According to the National Institutes of Health, this is where the arm is held in an abnormal position. In this posture, the arm hangs limp at the side, with the elbow straight and the wrist and fingers bent backward. This happens because of weakness or paralysis in the muscles that control the shoulder and arm, often due to nerve damage. It limits movement and can affect the person's ability to lift or rotate their arm. 

 

Erb’s Palsy Treatment 

 

Erb's palsy treatment focusses on improving mobility and reducing nerve damage effects. According to Cleveland Clinic, Erb’s palsy treatment in newborns, requires early intervention with physical therapy is often the first step to encourage arm movement and prevent long-term stiffness. Gentle exercises help strengthen muscles and improve the range of motion. In some cases, surgery may be needed to repair the damaged nerves. Whilst Erb's palsy treatment in adults may also include physical therapy, but more severe cases might require surgical procedures, such as nerve grafts or transfers, to restore function and reduce pain. 

 

What if medical negligence caused Erb’s palsy? 

 

A key part of an Erb’s palsy claim is establishing whether negligence occurred. By thoroughly investigating the circumstances surrounding a birth, our birth injury team can determine who owed the child a duty of care and whether this was breached due to failings in the care provided. 

If it can be shown that clinical professionals breached their duty of care either during the pregnancy or during a birth, and that this caused or made worse injury to the brachial plexus, then it will normally be possible to pursue compensation. 

 

Who can make Erb’s palsy compensation claims? 

 

If you’re the parent or guardian of a child under 18 with Erb’s palsy, you can make an Erb’s palsy claim on their behalf. Once they reach their 18th birthday, your child has three years to bring their own claim if you haven’t already brought one on their behalf. 

If you’re not the parent or guardian of the child, you can be appointed by the court as a ‘litigation friend’ as long as your interests don’t conflict with theirs and you are able to make decisions about the case in a fair and competent way. 

 

Pursuing an Erb’s palsy claim 

 

Find out if you have a claim for Erb’s palsy compensation 

Our medical negligence team have extensive experience in successfully pursing Erb’s palsy compensation claims. 

We seek and obtain important answers about what has gone wrong during childbirth and whether your child’s injury could have been avoided. When failings have occurred, we have a proven track record of obtaining the maximum level of compensation for your child.  

We will carefully talk you through each stage of the litigation in an Erb’s Palsy claim.  

 

Supporting your Erb's Palsy claim 

 

Usually, we will take a detailed witness statement from you and obtain the relevant medical records. On review of these, it may be necessary to obtain expert evidence from an Obstetrician, Midwife, Paediatrician and possibly a Plastic Surgeon and Orthopaedic Surgeon to provide their view on the cause of the Erb’s palsy injury and whether it could have been prevented with better medical care. 

It may also be necessary to involve a specialist Barrister if the evidence suggests there has been sub-standard care so that the strength of a case and the experts’ views can be fully explored. 

 

Securing Erb's Palsy compensation 

 

If the case is supported by the experts, we will invite the Hospital to accept responsibility for the poor care. If they try and defend the case without good reason, it may be necessary to take them to Court. 

 

Our successful Erb’s palsy compensation claims 

 

We have substantial experience of successfully recovering significant compensation on behalf of clients who have suffered an Erb’s palsy injury. We have set out three examples of this below: 

 

 

Book a free consultation with a Erb’s palsy lawyer 

 

To arrange a free consultation with our Erb’s palsy claim specialists, please call 0113 345 2388 or use our simple online enquiry form and we will get back to you within 48 hours. 

 

 

Frequently asked questions about Erb’s palsy compensation claims 

 

Can you sue a hospital for Erb’s palsy? 

 

When making a claim for Erb’s palsy caused by a birth injury, you would not be taking action against a particular hospital or clinical professional, but rather the NHS trust or private company that runs the hospital. 

 

What can Erb’s palsy compensation be used for? 

 

If you can prove sub-standard care led to an avoidable injury, your child is likely to be entitled to claim Erb’s palsy compensation. Different types of compensation may be payable to your child by the Defendant dependent on the severity of their injury and their needs.  

Examples include: 

  • General Damages for the injury itself, determined by the severity of the injury. 

  • The cost of Physiotherapy. 

  • The cost of Occupational Therapy. 

  • The cost of Hydrotherapy. 

  • The cost of surgery, such as nerve graft or tendon/muscle release. 

  • Loss of earnings. 

  • Handicap on the open labour market. 

  • Aids and equipment. 

Other heads of damage for compensation are likely to be sought in addition to these examples above and a specialist Erb’s palsy lawyer will carefully review and advise you about these. 

 

What are the time limits for making an Erb’s palsy claim? 

 

In Erb’s palsy claims involving children, the time limits for pursing a medical negligence claim are different to adults. The limitation period for children to pursue a claim stemming from their birth, for example, is when they turn 21 years old, if they have mental capacity. Limitation can be complicated and it is important that you speak with our specialist Erb’s palsy solicitors so that we can advise you on this. Even if your child is over the age of 21 it may still be possible to successfully pursue a case.