Erb's palsy compensation claims
There are few experiences more distressing than seeing your newborn baby left with serious injuries due to a problematic birth. This is even more true when medical negligence results in your child developing Erb's palsy, a nerve condition that can result in lifelong disability.
If your child has been left with because of mistakes made by medical professionals, you're likely to be searching for answers. At Switalskis, we understand what you're going through. We understand your distress, and we're here to stand beside you and help you get the compensation you deserve.
Our experienced team of medical negligence solicitors is dedicated to handling compensation claims, making sure your voice is heard and your child gets the compensation they deserve. We offer compassionate legal support at this difficult time, ensuring that the complexities of the claims process are made as simple and straightforward as possible. We'll do everything in our power to secure the best possible outcome for your case, so you can focus on what really matters - the wellbeing of your child.
Speak to one of our specialist solicitors in confidence by calling us on 0800 1380 458 , and we'll discuss the details of your medical negligence claim in greater detail. You can also contact us through the website .
To speak to one of our specialist Erb's palsy solicitors about your situation in confidence, call us on 0800 1380 458, or contact us through the website.
At Switalskis, we're more than just a team of expert medical negligence solicitors with many years of experience - we're allies in your fight for answers. We specialise in supporting families dealing with the consequences of Erb's palsy, and we take on every case with an understanding and determined approach, turning complex legal processes into simple, manageable steps.
Our team includes solicitors who are accredited as specialists by both the Law Society and the patients’ charity, Action against Medical Accidents (AvMA) . We’re also recognised as being among the top clinical negligence teams in England by The Legal 500 UK, the foremost legal guide for clients.
When you choose us to help you claim compensation, we will:
We believe that it's important to understand what went wrong and why your child was subject to medical negligence resulting in Erb's palsy. At Switalskis, we’ll provide you with the advice and support you need each step of the way, to give you peace of mind and to secure you fair compensation to help you rebuild your life.
Erb's palsy, which is also called brachial plexus paralysis or brachial plexus palsy, is a condition that affects the brachial plexus - a network of nerves near the neck that control movement and sensation in the arm and hand. It's often caused by a birth injury, particularly during difficult deliveries where the baby's shoulder becomes lodged behind the mother's pubic bone. This complication is also known as shoulder dystocia.
When these nerves are stretched, compressed or torn, it can lead to weakness, loss of feeling, or even total paralysis in the affected arm. The impact of this nerve damage can range from mild to severe. In some cases, the condition could last a lifetime.
One of the hardest things about is that it's often preventable. It can occur due to medical negligence during the birth process, such as if a doctor or midwife applies excessive force to the baby's head and neck while handling shoulder dystocia. It may also happen when medical professionals fail to take the correct action in response to signs of potential complications.
Understanding is the first step towards seeking answers. That's where we, as your dedicated solicitors, come in. Speak to us and we can help you understand everything you need to know about the impact of this condition and the support you’ll need, as well as how this might affect the amount of compensation you can claim.
Depending on which nerves have been mainly affected, children with Erb’s palsy are divided into four groups. As well as the symptoms, the grouping relates to prognosis, with 1 being the most favourable and 4 the worst.
The groups are as follows:
Children have paralysis of the shoulder and elbow, involving the fifth and sixth (C5 and C6) cervical nerves. This results in the arm being turned towards the body, the elbow being unable to bend and the hand being in the ‘waiter’s tip’ position.
This has the same presentation as Group 1, but with a lack of wrist extension due to the involvement of the C7 nerve as well.
All the nerves are affected and, therefore, the child has complete paralysis of the upper limb.
The entire arm is paralysed and there is a demonstrable sensory loss. is present, which is characterised by drooping of the eyelid, a cheek that does not sweat and a smaller pupil on the affected side of the face. Torticollis, a twisted neck in which the head is tipped to one side while the chin is turned to the other, may also be present.
Very infrequently there is Klumpke’s paralysis, which involves the seventh and eighth cervical (C7, C8) and the first (TH1) nerves. The result is a flaccid (floppy) paralysis of the hand that is often associated with Horner syndrome.
If you believe your child's was caused by medical negligence during birth, you may have grounds to make a compensation claim. This could be due to a number of causes - let's consider a few examples:
In each of these scenarios, there could be a case for medical negligence, making an compensation claim possible. The key will be proving that your child's injury was the direct consequence of mistakes or negligent behaviour on behalf of the medical staff in charge of the mother and baby's care.
To have grounds to make a medical negligence claim, you'll need to be able to demonstrate the following:
Establishing this proof is a standard part of the medical negligence claims process, and as your solicitors, it'll be our job to prove this in order to create a strong foundation for your case.
We understand that the prospect of making a compensation claim can seem daunting. But at Switalskis, we're here to guide you through every step of the process. We've broken it down into six main stages to make it as clear and straightforward as possible:
We’ll have a free initial consultation to learn about your unique situation. We'll need to understand your child's condition, the circumstances leading up to their diagnosis, and the impact it has had on your lives. This meeting will give us a clear picture of what we need to investigate.
Next, we'll meticulously investigate the circumstances surrounding the birth and medical care that led to the Erb’s palsy diagnosis. This might involve obtaining and reviewing medical records, consulting with medical experts, and investigating the care provided. The aim will be to prove that the Erb’s palsy was caused by medical negligence, and work out the potential value of the claim.
Once we have enough evidence, we'll send a letter of claim to the medical professionals involved, outlining the full details of the claim and the evidence supporting it. They'll then have four months to respond, during which time they can conduct their own investigation and decide whether to accept liability.
Once the defendant has responded to the claim, our negotiations can start. Our expert medical negligence solicitors will negotiate on your behalf, using our expertise and experience to establish who was at fault and secure the highest possible compensation amount for you.
Most claims will be settled through negotiation, and a fair settlement will be agreed upon without needing to go to court. In rare cases, we may need to take your claim to trial - should this happen with your claim, we will of course be with you every step of the way.
If your claim is successful, you'll receive compensation. The compensation is often life-changing, helping to cover the costs of care, therapy, equipment and adaptations to housing and ensuring the best possible quality of life for your child.
We'll guide you through every stage of this journey, always keeping you informed and making sure your voice is heard. Our team of solicitors will be on hand to provide expert advice and support, fighting for the compensation that you and your child deserve.
Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.
Generally, you have three years from the date of the incident to make a claim. However, if the claim is for a child, this three-year limit doesn't start until their 18th birthday. That means a claim can be made on behalf of a child any time before they turn 18, and they can make a claim themselves anytime between 18 and 21.
At Switalskis, we can help you understand if you have a valid claim and guide you through the next steps. We recommend that you get in touch with us as soon as possible, in order to make sure that there's no risk of missing any deadlines that might apply.
Worried about how to fund your claim? Let's put those concerns to rest. At Switalskis, we believe that everyone should have access to justice, no matter their financial situation. That's why we offer different funding options to best suit your circumstances, including:
We'll talk about all these options during our initial consultation to make sure we find the one that suits you best. We want to help you secure the compensation you and your child deserve, in a way that's as stress-free and straightforward as possible.
Every child with is unique, and treatment plans are tailored to their individual needs. These can depend on factors such as the severity of the birth injuries, the specific nerves affected, and the child's general health. Here are some of the most common treatment options:
It's important to remember that the cost of these treatments, any necessary aids or adaptations, and the future care needs of your child can all be factored into an compensation claim. At Switalskis, we’ll work diligently to make sure that all your child's current and future needs are considered. Our goal is to secure a settlement that not only recognises the harm done, but also helps secure the best possible future for your child.
When considering the potential compensation you might receive from an claim, it's vital to remember that the final sum is always calculated based on the specific circumstances of each case. This means the precise figure can be quite complex to determine.
At Switalskis, we take into account several factors when estimating a potential compensation amount. This includes:
Remember, compensation is not just about recouping costs: it's also about securing a safer and more comfortable future for your child.
We know this can feel like a daunting process, but rest assured, our expert solicitors are here to guide you every step of the way. As each case is unique, we encourage you to contact us directly.
Pursuing an Erb’s palsy compensation claim can be a lengthy process, and it’s important to have the right legal partner by your side to help you get the justice your family deserves. This is where the medical negligence experts at Switalskis come in.
Here are the values that we promise to uphold when claiming Erb’s palsy compensation:
Medical negligence claims can be complex, but understanding them doesn’t have to be difficult. We always strive to break down complex legal terms into clear, understandable language, and we’ll be there to answer your questions and address any sources of confusion.
Every family’s circumstances are different, and we’ll work closely with you to understand your needs throughout the claims process. We listen to your concerns, respect your emotions and provide thoughtful advice that's specific to the details of your case. You're more than just a client to us - you and your family will be going through a challenging time, and we'll support you in all the ways you need.
When dealing with a complex and lengthy Erb’s palsy claim, you’ll be in safe hands with Switalskis. Thanks to our decades of experience and proven track record in securing compensation for cases just like yours, you can put your faith in us to achieve the best possible outcome for you and your family.
If your family has been affected by Erb’s palsy due to medical negligence, Switalskis will protect your rights and ensure your voice is heard. We'll not only help you claim the compensation you deserve, but also make sure that those responsible are held to account. In this way, your claim will play an important role in helping to prevent other families from having to go through the same experience.
Shoulder dystocia is a serious and unexpected complication that can happen during childbirth. It happens when a baby's head passes through the birth canal, but the shoulders become stuck behind the mother's pubic bone. This situation needs immediate medical intervention, as it poses significant risks to both the baby and the mother.
This most commonly happens when the shoulder positioned closest to the mother's belly is unable to pass below the pubic bone. This means the baby is trapped, and normal delivery methods will no longer work. The medical team must then act quickly and use specialised techniques to safely deliver the baby.
Shoulder dystocia is a major cause for concern because it can lead to a lack of oxygen for the baby, as well as potential injuries to the mother. This creates a time-sensitive and challenging situation that needs expert care and swift action.
When shoulder dystocia happens, it needs specific medical techniques to release the baby's shoulder and provide a safe delivery. If the medical professionals responsible fail to provide this, it can put both mother and child at risk of further harm.
Shoulder dystocia, while rare, can lead to severe injuries for both the baby and the mother if not handled appropriately and promptly.
Here's an overview of the potential injuries that might affect the baby:
Additionally, shoulder dystocia can pose risks to the mother's health:
The potential injuries caused by shoulder dystocia show why it's so important that high-quality care is provided to mothers and newborn children. When this doesn't happen and injuries are caused by shoulder dystocia, you may have grounds to make a claim.
Shoulder dystocia itself is often unpredictable and can't always be prevented. However, there are some situations where shoulder dystocia happens as a result of medical negligence, or injuries happen because doctors fail to properly manage the condition. Examples include:
All of these mistakes can be seen as negligent treatment, and can put your baby at a higher risk of long-term injuries, including a brain injury that could affect them for the rest of their life.
If you believe that you or your child suffered injuries due to negligent care during a shoulder dystocia delivery, speak to Switalskis to find out whether you might be able to make a claim.
Shoulder dystocia is a complex and unpredictable medical event that can happen during childbirth. Though it can happen without any warning, certain factors increase the likelihood of shoulder dystocia.
Understanding these risk factors is essential in identifying the condition and making sure it's treated properly:
These factors do not necessarily mean that shoulder dystocia will happen but they increase the risk. Many women with one or more of these risk factors give birth without experiencing shoulder dystocia.
Medical professionals are trained to recognise and respond to these risks. If they fail to do so and this results in a medical emergency, this could result in a claim for compensation.
Timely recognition of the signs of shoulder dystocia is important for taking immediate, appropriate action to make sure the safety of both mother and child. Here are the key warning signs and indicators:
Recognising the signs of shoulder dystocia needs expertise, experience, and a calm response from the healthcare team. With immediate diagnosis and proper management, an obstetric emergency can be avoided, and the baby can be delivered safely.
When shoulder dystocia happens, quick action is necessary to ensure the safety of both the baby and the mother. Here are the different ways this condition can be avoided:
Correct treatment of shoulder dystocia needs skill, experience and quick thinking on the part of the healthcare team. Failure to manage this condition appropriately may lead to serious complications for the baby and the mother. If this happens to you, you could make a compensation claim against the medical professional who was responsible.
Birth trauma can cast a shadow over what should be one of the happiest times of your life. But remember, you’re not alone. If your family has been impacted by due to mistakes made by a medical professional, get in touch with the specialist team of solicitors at Switalskis today.
Our legal experts are here to listen, understand your unique circumstances, and fight for the best possible outcome for you and your child. Call 0800 1380 458 or contact us through the website to discuss your concerns in confidence with a legal specialist.