Erb’s Palsy negligence, also known as Brachial Plexus Palsy negligence, is a common birth injury compensation claim. When a birth injury such as Erb’s Palsy happens due to medical negligence, you can claim compensation for the damage to your baby.
Brachial Plexus Palsy is a birth injury caused by undue pressure being put on the Brachial Plexus group of nerves during birth. The effects of Brachial Plexus Palsy are a weakness or drooping in the arm and a lack of overall motion.
Birth injury negligence causes conditions such as Erb’s Palsy. You can claim medical negligence compensation to cover medical costs and damages due to the birth injury negligence.
A No Win No Fee Medical Negligence solicitor will handle your Erb’s Palsy compensation claim and get you and your baby the money you deserve for the suffering.
Table of content
What is Erb’s Palsy?
Erb’s Palsy is a weakness in the arm that shows a lack of motion and even paralysis in some cases.
Also known as Brachial Plexus Palsy, the condition is caused by a birth injury due to medical negligence.
Erb’s Palsy is damage to the Brachial Plexus group of nerves at the base of the neck. Unnecessary downward pressure on the upper arm or shoulder causes the damage.
Brachial Plexus Palsy happens when a medical professional delivering your baby pulls or twists the baby’s arm, damaging the Brachial Plexus nerves. The symptoms of Brachial Plexus Palsy should make it easy to spot by an examining doctor.
What are the symptoms of Erb’s Palsy?
The symptoms of Erb’s Palsy range from mild numbness in the arm to full paralysis. Depending on the extent of the birth injury damage, the symptoms should become evident during the early days after birth.
Symptoms of Erb’s Palsy are:
When you suffer a difficult childbirth, and your baby shows symptoms of Erb’s Palsy, then you may have a birth injury medical negligence case.
A No Win No Fee medical negligence solicitor can handle your compensation claim for the birth injury negligence.
What are the causes of Brachial Plexus Palsy?
The causes of Brachial Plexus Palsy are due to the use of excess force during childbirth. It is medical negligence by a medical professional when they deliver the baby using too much force.
One of the most common causes of Brachial Plexus Palsy is when the baby’s arm is trapped behind the mother’s pubic bone. Instead of taking care in releasing the arm, the delivering doctor pulls the arm free.
The excess force damages the Brachial Plexus nerves and causes palsy in your baby’s arm.
Other causes of Brachial Plexus Palsy in newborn infants are:
When birth injuries are caused by too much force from the delivering doctor or midwife, it is viewed as medical negligence. The harm to the baby is caused by the medical professional not doing their job correctly, and Brachial Plexus Palsy is the result.
There are also risk factors of Brachial Plexus Palsy before birth which the doctor or midwife should be aware of and take the necessary precautions.
What are the risk factors of Brachial Plexus Palsy before birth?
Risk factors of Brachial Plexus Palsy before birth include gestational diabetes and the possibility of an above-average birth weight of the baby. Every obstetrician should be aware of the risk factors and keep the delivery team informed before and during delivery to avoid damage to the Brachial Plexus nerves.
Common risk factors of Brachial Plexus Palsy happening during delivery are:
When the delivery team does its job correctly, it will be aware of the potential risks of Brachial Plexus Palsy happening. If they do not and Brachial Plexus Palsy happens to your baby, it is medical negligence.
A birth injury is very upsetting for a parent, but the news can be devastating when you learn it happened due to medical negligence.
Every medical professional in the delivery room should be fully trained and aware of the dangers of Brachial Plexus damage.
To deliver a baby and cause Brachial Plexus Palsy while doing so is medical negligence.
What are the effects of Erb’s Palsy negligence?
The effects of Erb’s Palsy negligence are your baby not having full use of the damaged arm. Depending on the level of birth injury and medical negligence, the effects can last months or, in some cases, be for life.
When the delivery of your child does not go to plan, Erb’s Palsy often happens. The effects can be devastating for you and the baby at a time when you should be concentrating on your beautiful newborn.
The effects of Erb’s Palsy negligence are:
Neuropraxia is the usual effect of Erb’s Palsy. The nerves are stretched, but they do not tear. The effect on the newborn baby’s arm is a tingling or burning sensation down the limb.
In most babies, Neuropraxia wears off after a few months as the nerves heal.
Neuroma is a more severe form of Neuropraxia. Instead of the nerves healing over the first few months, they develop scar tissue. The scar tissue puts pressure on the healthy nerves heightening the tingling and burning sensations.
Unfortunately, the Brachial Plexus Palsy only partially clears and may become a condition for life.
Rupture is when the nerves are fully torn during the botched delivery of your baby. Instead of the baby suffering a minor injury, they endure serious nerve damage. The effects can be paralysis and pain for the baby.
Surgery requiring nerve grafts to reconnect the torn nerves is the only option for the effects of rupture.
Avulsion is when the Brachial Plexus nerves are fully torn from the spinal cord. Rupture is the most severe effect of Brachial Plexus Palsy negligence and is a life-long condition. Your child will live with permanent muscle weakness and even paralysis in the damaged arm.
Surgery can go some way to repair the damage of rupture, but it is impossible to reattach nerves when torn from the spinal cord.
Brachial Plexus Palsy is a direct result of medical negligence in the delivery ward. The damage done to your baby’s arm can last for life, and the pain and upset of the birth injury negligence is difficult to accept.
What is birth injury negligence?
Birth injury negligence is when a doctor or midwife does not perform their medical duties at a professional level. Injuries to your baby, which are preventable, are a direct result of any medical negligence.
Medical negligence is service from a medical professional that any other doctor, nurse or midwife operating at acceptable levels would not provide. When medical negligence happens in the delivery ward, it is birth injury negligence.
Birth injury negligence sees lifelong conditions such as Cerebral Palsy, paralysis and Brachial Plexus Palsy developing in the newborn infant. The effects of any birth injury will be devastating to the mother and the family of the new arrival.
When birth injury negligence happens to your baby, you can make a compensation claim. A No Win No Fee medical negligence solicitor will handle your case and advise you on how to manage it.
Compensation for birth injury negligence claims
Compensation for birth injury negligence claims will get you the money you need to right the wrongs done to your baby.
In cases of Brachial Plexus Palsy negligence, you may need the award to meet the costs of expensive surgery and for long-term medical treatment of the birth injury.
Birth injury negligence can have a lasting financial and emotional effect on you, your child and your family. The catastrophic effects of permanent damage can lead to high medical bills and the need for a life of care.
Compensation for birth injury claims can range from more than £10,000 to awards in excess of £1 million. Awards differ due to the extent of the birth injury negligence, the damage it caused, and the baby’s needs in the future.
A No Win No Fee medical negligence solicitor will be the only one to advise you on a birth injury negligence claim. They will know from experience what your case may be worth and how to go about a successful claim
Your No Win No Fee medical negligence solicitor will handle your Brachial Plexus Palsy negligence claim and get you compensation for all damages incurred.
What can you claim for when suing for Brachial Plexus Palsy negligence?
You can claim compensation for any damages that occurred when suing for Brachial Plexus Palsy negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
When you or a loved one suffers from the effects of Brachial Plexus Palsy negligence, you make a claim for compensation.
Your No Win No Fee solicitor will guide you through the steps in making a Brachial Plexus Palsy negligence claim.
What are the steps involved in making an ERBs negligence claim?
The steps involved in making a Brachial Plexus Palsy negligence claim go from seeking medical advice to issuing court proceedings. The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
When you follow the steps correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced Brachial Plexus Palsy negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered Brachial Plexus Palsy negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid Brachial Plexus Palsy negligence case.
The medical negligence team will know from reading your medical records it the case will result in Brachial Plexus Palsy negligence compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit Brachial Plexus Palsy negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your Brachial Plexus Palsy negligence claim can be valued.
The two parties will meet to decide on your Brachial Plexus Palsy negligence compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your Brachial Plexus Palsy negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful Brachial Plexus Palsy negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered Brachial Plexus Palsy negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for Brachial Plexus Palsy negligence?
You have three years to make a claim for Brachial Plexus Palsy negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a Brachial Plexus Palsy negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Suing the NHS for medical negligence can make some people feel uncomfortable.
Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. The amount you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your Brachial Plexus Palsy negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered Brachial Plexus Palsy negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.