Erb’s Palsy Solicitors

What is an Erb’s Palsy Injury?

Erb’s Palsy is a serious birth injury that can lead to paralysis in the arm. It is also known as a brachial plexus injury.

Most commonly, it occurs when the baby’s shoulder becomes stuck in the birth canal during delivery – known as shoulder dystocia – this means that the team delivering the baby has to manoeuvre the mother and use specialist techniques to enable the baby to be born safely.

The doctor or midwife delivering the baby has to take additional care when managing shoulder dystocia during delivery. If they use excessive force to deliver, the nerves in the babies’ arms can be injured. The extent of the injury varies from case to case, but it can represent a lifelong injury, seriously compromising mobility.

Injury to the brachial plexus is usually always avoidable, provided there is appropriate recognition of shoulder dystocia and appropriate management of the delivery. Any experienced doctor or midwife ought to be aware that there are practices and protocols which should be followed in cases of shoulder dystocia to prevent injury.

Erb’s palsy is not genetic.

Common errors associated with Erb’s Palsy injury

• Failure to recognise that the mother should deliver by Caesarean Section, particularly where it is recognised that the baby is likely to be large.
• Failure to manage shoulder dystocia using the techniques to ensure safe delivery without injuring the nerves in the upper arm.

Causes of Erb’s Palsy

• Excessive pulling or stretching of the baby’s head during a vaginal birth
• Large baby
• A baby presenting as being in the breech position
• Prolonged labour
• Complications during birth resulting in an instrumental delivery usually involving forceps

Symptoms of Erb’s Palsy

• One weak or numb arm
• Paralysis in the arm
• Loss of sensation in the arm
• Pain in the arm

Erb’s Palsy compensation claim examples

£600,000 Erb’s Palsy Compensation Claim

Our solicitor secured compensation against a well-known obstetrician who works for the country’s best-known private hospital and who applied excessive force when delivering our client. We issued court proceedings that were initially defended. Before the trial, we negotiated compensation based on a full liability sum of £600,000, which enabled our client to have life-changing surgery and a lifetime of care and physiotherapy. Our client moved to Florida before the case had concluded so we then involved American experts to assist with the likely treatment and costs of obtaining this treatment in America.

Erb’s Palsy Compensation Claim against NHS

Our solicitor acted for a boy who suffered an Erb’s Palsy injury during delivery due to the midwife’s failure to appreciate the importance of positioning the mother correctly during delivery, to overcome the shoulder dystocia and subsequently delivering the baby with excess force. We instructed midwifery, obstetrics and orthopaedics experts to build our case against the NHS Trust. At the same time, we obtained evidence on prognosis and quantification from experts in orthopaedics, neuro-physiotherapy and care to enable us to assess our client’s past and future financial loss from his injuries. A Letter of Claim was served on the NHS Trust but liability was denied.

Specialist Erb’s Palsy Solicitors

If you think you or your child has suffered an Erb’s Palsy injury due to medical negligence and have a case to claim compensation, contact our specialist team as soon as possible. Our team has many years of experience representing patients and their families affected by Erb’s Palsy injuries.

Utilising our experience, we would instruct recognised experts in this field, most commonly midwifery experts, obstetricians and orthopaedic experts, to assist us in investigating whether there has been negligence. To explore issues relating to prognosis and formulate a lifetime compensation package to cover all our client’s needs, we work with care experts, neuro-physiotherapists, and orthopaedic experts to prepare recommendations for future needs and to calculate the associated financial losses.

Contact Osbornes Law

Contact us today for compassionate legal advice and support in claiming compensation for your child. We’ll navigate the complexities of your case, ensuring you receive the care and compensation your family deserves. Call 020 7485 8811 or fill in the contact form below.

Related services

We specialise in serious birth injury claims, including:

• Cerebral Palsy Claims
• Stillbirth Claims
• Spina Bifida Claims
• Miscarriage misdiagnosis Claims
• Birth Injuries to Mother Claims
• Group B Strep Claims
• Pregnancy Negligence Claims

Additional resources

• In addition to NHS complaints procedure and the civil litigation, there is the Health and Safety Investigations Branch (HSIB).