Professional legal advice for Erb's Palsy compensation claims
Problems during pregnancy and birth can be devastating. Erb’s Palsy is a physical condition that can occur if your child has suffered from nerve damage. If a medical professional failed to diagnose or treat your child, you may be entitled to claim compensation.
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What is Erb's Palsy?
Erb’s Palsy is a physical condition that stems from nerve damage in the baby’s upper arm and neck area.
Excess force and strain on the baby during birth can prevent the baby from breathing properly. It can also effectively leave an arm paralysed, causing the arm to fall limp, and a numbness in the limb, the extent to which varies between cases.
This may be caused by the failures of a GP or other healthcare professional. For example:
- Erb’s Palsy can be caused by excessive force on the shoulders when the baby is delivered face-first by the hospital staff
- You may not be referred to a specialist in time for the birth
- Failing to diagnose factors such as the baby’s weight
- A professional may fail to recognise Erb’s Palsy completely
Some of the signs of Erb’s Palsy include immobility of the elbow and positioning of the hand. The baby may also not be able to face the side in which the nerve damage has occurred, or be able to leave their head at that side for too long without being uncomfortable. This is a sign of associated Torticollis.
In some instances the injuries may be able to heal by themselves, but the more severe cases do need surgery. A damaged nerve can heal if it still remains connected, but scar tissue that is formed at the site may inhibit muscle movement.
If you believe that you are entitled to make an Erb’s Palsy claim due to negligence by a medical professional, it is crucial that you contact us as soon as possible so that we can assess your claim and start the process immediately. One of our clinical negligence solicitors will assess your claim free of charge.
Erb's Palsy compensation can help you with following care that may be required, and to provide necessary support that makes everyday life easier.
When can I make an Erb's Palsy compensation claim?
In most cases, claims need to be made within three years from when you either suffered negligent care, or three years from when you first discovered your injury. However, this time restriction can vary depending on the circumstances of your case. For example, when making a claim for a child, the three year time restriction begins after the child turn 18 years old. Likewise, someone who lacks mental capacity and cannot make a claim on their own may also be exempt from the restriction.
The timescale for an Erb's palsy case can vary depending on certain circumstances. For example, whether the medical professional accepts responsibility or not can add more time to the process. It may take a number of years to settle your case, but it is best to check with our team to determine how your case will progress.
What treatment is available for my child?
If your child needs treatment for Erb's Palsy, this can range from physiotherapy to surgery. The type and nature of the treatment required, will of course impact upon how your claim progresses and the level of compensation you need. As a specialist in this type of claim, we can help you determine the best type of treatment as well as pursuing compensation to cover the cost of it. Where appropriate we will look to secure interim payments to enable treatment to commence before the conclusion of your claim.
Our Medical Negligence Specialists
How are Erb's Palsy cases funded?
There are various options of funding for claims. Many of our cases are funded using Conditional Fee Agreements, also called a ‘No Win No Fee’ medical negligence claim. In a Conditional Fee Agreement, you will only pay for our solicitors’ work if we win the case for you. In limited cases we can offer legal aid. Our solicitors can review and discuss with you what options of funding are available to you and the best route to take.
How can Switalskis help me?
We believe that it is important to understand what went wrong and why your child was subject to medical negligence resulting in Erb's Palsy. At Switalskis we will provide you with the advice and guidance you need along the way, to give you peace of mind and just compensation.
Our team includes solicitors who are accredited as specialists by both The Law Society and the patients’ charity, Action against Medical Accidents (AvMA). We are also recognised as being among the top Clinical Negligence teams in England by the Legal 500 UK, the foremost legal guide for clients.