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Can I claim for Erb’s palsy?

Read Graysons’ medical negligence solicitors in Sheffield & Chesterfield guide to making a claim for Erb’s Palsy.

Last updated on January 16th, 2024 at 02:31 pm

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    Can I claim for Erbs palsy?

    If your child is suffering from Erb’s Palsy then the condition may have been caused due to medical negligence during childbirth. While most births cause no injury to the infant, unfortunately, there are cases when the infant suffers injury due to errors by healthcare staff. All medical professionals have a duty of care. However, sometimes this duty of care falls below acceptable standards, leading to injury. If your child is suffering from Erb’s Palsy, you may be able to make a successful medical negligence claim for childbirth injury. Graysons’ team answer some of the most common questions about Erb’s Palsy, including how you can make a medical negligence claim. 

    What is Erbs Palsy? 

    Erb’s Palsy is a condition characterised by damage to the brachial plexus, a network of nerves near the neck that control sensation and movement in the upper and lower arm. When these nerves are damaged, it can cause muscle weakness and even paralysis in the arm. The condition is typically caused during childbirth, when the nerves are stretched or even detached from the spinal cord. While many infants will recover, some will continue to suffer symptoms for the rest of their lives. If your child has been diagnosed with Erb’s Palsy, then you may have a claim for medical negligence. 

    Is Erbs Palsy caused by medical negligence? 

    Erb’s Palsy is almost always caused during childbirth, and is often the result of medical negligence, sometimes referred to as medical malpractice or clinical negligence. It is caused by the nerves during childbirth being stretched, or in extreme cases, detached from the spinal cord. There are various situations which may occur during childbirth that may give rise to a medical negligence claim. These include:

    • Negligent use of medical instruments, such as forceps or other delivery tools
    • A baby born in the breech position
    • A baby that is too large for the birth canal
    • A prolonged or difficult vaginal birth 
    • A delay in performing a caesarean section
    • Flawed attempts by medical staff to re-position the infant in the birth canal  

    If your child has been diagnosed with Erb’s Palsy, then contact a medical negligence lawyer today. 

    Can I sue the NHS for Erbs Palsy? 

    Yes, you can sue the NHS, or a private healthcare provider, for Erb’s Palsy due to a childbirth injury. If you are considering a claim, then contact Graysons’ medical negligence solicitors today. 

    Is there a time limit to make an Erbs Palsy medical negligence claim?

    Yes, there is a time limit for making a medical negligence claim relating to Erb’s Palsy. Ordinarily, claims are made by a child’s parents on their behalf up to the child attaining 18 years of age.     Thereafter, a “child” has up to the age of 21 to pursue a medical negligence claim. If there are issues relating to capacity or disability, time may be further extended.  However, medical negligence solicitors advise that you make a claim as soon as your child has been diagnosed with Erb’s Palsy or when it is known that medical negligence may have occurred, to ensure the most successful outcome. 

    Will I have to go to court if I make an Erbs Palsy claim?

    In many cases, court proceedings are required for Erb’s Palsy claims. However, medical negligence claims are usually settled before reaching trial. If an Erb’s Palsy claim ends up at trial, a medical negligence lawyer will arrange representation on your behalf to present your case. 

    How much compensation will I get for an Erbs Palsy claim?

    The amount of compensation awarded depends on the severity of your child’s Erb’s Palsy and the impact the injury is likely to have on your child’s day-to-day life. Compensation in medical negligence claims is designed to cover your child’s past and future expenses and losses, as well as their pain and suffering. Claims may include the cost of care and equipment, treatments and medication and future loss of earnings capacity. Compensation amounts can run from a few thousand pounds up to millions of pounds in the most severe cases.

    How long does an Erbs Palsy claim take?  

    It is very difficult to accurately state how long an Erb’s Palsy claim may take, as no two claims are ever the same. Complex, multifaceted claims, especially in instances of severe cases of Erb’s Palsy, may take several years. If your child has been diagnosed with Erb’s Palsy, then there is a high chance the condition has been caused by medical negligence during childbirth. 

    How do I fund a claim for Erbs Palsy? 

    If you are making an Erb’s Palsy claim on behalf of your child, then your child will be eligible for legal aid funding. Legal aid will help cover the cost of investigation, obtaining evidence and advice. Legal aid may be extended for mediation and legal representation in court proceedings. Alternatively, cases may be pursued with the benefit of a no win/no fee agreement with after the event legal expenses insurance.  If existing legal expenses cover is available, that may be utilised. 

    How can Graysons’ medical negligence solicitors help me with an Erbs Palsy claim? 

    Birth injury claims, including those for Erb’s Palsy, are often complex and multifaceted. Graysons’ boasts a team of dedicated medical negligence experts who offer trusted advice. Our team have helped hundreds of people successfully pursue a claim for medical negligence, including for Erb’s Palsy. Graysons’ team of medical negligence experts are on the AVMA (Association for Victims of Medical Accidents) panel for clinical negligence and can manage your claim to ensure the most successful outcome. Graysons’ medical negligence lawyers will obtain all the necessary documents and evidence, including medical records, experts’ reports and witness statements required to pursue your claim. If you think you have a claim for Erb’s Palsy, it is important that you seek advice from a specialist medical negligence solicitor experienced in Erb’s Palsy cases. Contact Graysons today

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