What is Erb’s Palsy?

How Medical Negligence Can Cause Erb’s Palsy

In vaginal deliveries, after delivery of the head, the baby’s anterior shoulder can sometimes get stuck above the mother’s pubic bone. This is known as shoulder dystocia and prevents the baby from moving any further through the birth canal. This is more likely if the baby is larger than average and is a medical emergency.

You may have a medical negligence claim if it can be shown that the healthcare professionals didn’t follow the correct protocols to lead to a safe delivery, such as adopting the correct manoeuvres to release the impacted shoulder.

In some cases, the healthcare professional may excessively pull, twist and stretch the head to try to release the arm, which can damage the nerves in the baby’s upper arm. As the risk of shoulder dystocia increases with large babies, there may also be a possible claim where there has been a failure to correctly monitor foetal size and discuss the option of caesarean section.

It’s important to note that not all Erb’s Palsy injuries are thought to be caused by the actions of healthcare professionals and this largely comes down to which arm is injured during the delivery.

Injuries to the posterior arm are most often considered to be caused by the force of the mother’s contractions pushing the baby down the birth canal against the sacral promontory, causing injury even before the head is delivered. Injuries of this nature, however, tend to be temporary.

In many cases, if appropriate care is given then it’s possible to safely delivery babies without injury to the brachial plexus.

At times, Erb’s Palsy can have an impact on a baby’s life and health as they continue to grow, depending on how severe their condition is.

If your baby has Erb’s Palsy due to mistakes made in delivery, get in touch with us for legal advice on how to claim compensation.

Does the Severity of Erb’s Palsy Injuries Vary?

Yes, it can do. Prognosis depends on which of the five nerves that supply the shoulder, arm and hand are damaged and whether the nerves are torn or only slightly bruised. Consequently, injuries of this nature can be temporary or permanent.

They may result in weakness in the arm and hand, reduced range of movement and reduced strength, so early rehabilitation such as physiotherapy is often needed. In more serious cases, surgery such as a nerve graft or tendon release may be needed.

The severity of your baby or child’s Erb’s Palsy can affect the amount of compensation you’re able to claim. If the injuries caused to your baby are permanent and require a lot of care, rehabilitation, or even surgery, you could be able to claim compensation to cover these costs, and any care that your child may have to have going forward.

If your baby’s case of Erb’s Palsy is less severe, though, you could still be able to claim compensation, if the mistake was still made, and the injury was still caused. In these cases, it’s just as important to come forward and speak about your experiences and the injury caused to your baby, to spread awareness. This way, you can help make sure that these things don’t have to happen again, and that the system is held accountable for the mistakes that were made.

So, however severe your baby or child’s case of Erb’s Palsy may be, you can always come to us at Simpson Millar. We can listen to your story and look through your case in our team and with independent medical experts to figure out if you have a case for compensation.

How Simpson Millar Can Help You

Our expert Erb's Palsy Solicitors have successfully claimed compensation for many children after showing that negligent care was given during labour, and that this led to an avoidable injury.

With the help of independent medical professionals such as midwives and obstetricians, we can consider your case and look at if you have a claim to pursue.

If we can take on your case, we’ll work to recover compensation to help provide support in the future, including additional care and assistance that’s needed into adulthood, such as aids and equipment. Compensation can also be recovered for the impact the injury may have on your child’s future employment.

In addition, it may be possible to obtain an interim payment of compensation, which means you can fund treatment such as physiotherapy or surgery without having to wait for the case to settle in full.

Erb’s Palsy can be difficult and costly to remedy and care for, which is why it’s important to see if you can get compensation.

We can work through your case together with you, helping you figure out if you can claim compensation for the medical negligence and how much you can claim for.

We can also signpost you to any resources you may need to help you deal with the emotional trauma these situations can cause. Whether it’s specialised therapy, support groups or other resources you may need, we can help you get the emotional help you need to be able to move forward.

We will provide open and transparent advice along the way, making sure you’re always updated about what’s going on with your case. We get how complex this can all seem, but we’re here to make it easy to understand, so you’re never left in the dark or overwhelmed by all the information and terminology.

Is There a Time Limit on Claiming Compensation?

Although medical negligence claims must typically be made within three years, claims involving children aren’t subject to this time limit.

So if your child has suffered an Erb’s Palsy injury, it’s possible to claim if they were born more than three years ago.

The three-year time limit only begins on their 18th birthday, so they then have until their 21st birthday to bring a claim.

In limited circumstances, the limitation period can run longer but it is always important to discuss the rules around this with a Solicitor.