Negligence at birth resulted in a newborn sustaining a brachial plexus injury and Erb's palsy. The boy was left with permanent nerve damage to his right arm. He was awarded:
Following a traumatic birth, there’s naturally a lot of concern for both mother and baby. Fortunately, in the UK, the majority of patients receive an excellent standard of care and don’t experience unnecessary complications. However, there are times when medical negligence does happen and during birth it can cause catastrophic injury to moth and baby. One injury that can arise as result of a traumatic birth is permanent nerve damage to the baby’s arm in the form of Erb’s palsy. This condition will arise if an undiagnosed shoulder dystocia occurs during the second stage of labour. Application of force to free the baby from a life threatening situation can result, if not properly managed, in permanent nerve damage to the baby’s arm.
Knowing that your baby may need to undergo treatment and could have a lifelong condition due to mistakes made by those responsible for your care can leave you feeling vulnerable. If you’re unsure of where to get the answers you’re looking for and don’t know where to turn, Your Legal Friend can offer you help. Our specialist medical negligence solicitors have extensive experience in supporting those affected by medical mistakes. Using their expertise and understanding, our team can help you build a case against those responsible for your baby’s Erb’s palsy and give you the best possible chance of securing financial compensation.
We know that compensation can’t undo the damage that has already been caused to you and your baby. But it can help you better understand why you were let down and secure you the finances to cover additional treatment or equipment that may now be needed. We understand that medical negligence claims are difficult and personal but you will be able to rely on our team to represent and work with you from the very beginning of your claim through to negotiating a settlement if necessary.
Medical negligence claims are subject to a time limit, such a claim for your child must be brought before their 21st birthday but we would urge you to investigate as soon as you can so that you have a good recollection of the delivery and the records are easily accessible.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of birth injury cases so we understand just how difficult a decision it can be to bring an Erb's palsy case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our birth injury team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value Erb's palsy cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your birth injury claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard birth injury claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
If you have experienced a traumatic birth that’s injured your baby, you may be able to make a claim for compensation. In order to be successful, you’ll need to show that Erb’s palsy was caused by mismanaged delivery probably due to a delay in recognising shoulder dystocia. In some cases the effect of Erb’s palsy can be life long and your child may require surgery or other treatment.
Yes. If you’ve been living with the effects of Erb’s palsy following a traumatic delivery and would like to make a claim as an adult you can do so. You will need to follow the same processes as a parent suing on behalf of their baby – proving that medical negligee caused the Erb’s palsy and that you suffered as a result. Your time to claim will run from the date you became aware that your injuries were due to a mismanaged delivery.
Every medical negligence claim is different and each is given a value that considers how much your child has been affected. This means that it’s not possible to say exactly how much you could receive in compensation should you decide to take your child’s case forward. Every year the NHS pays out millions to those affected by medical negligence, including those affected during a traumatic birth and in individual cases the amount can be hundreds of thousands, reflecting the suffering that victims have endured.
When you choose to instruct Your Legal Friend, we’ll assess your child’s case and place a value on it. Those that were affected by delayed diagnosis or treatment resulting in permanent and complete paralysis, for example, would receive more compensation than someone who was able to make a full recovery through surgery and other treatment.
Should you have a case you would like to take forward, you must do so within three years from the ‘date of knowledge’, the date that you first realised that mistakes had been made.
If you’re unsure how long you have to make an Erb’s palsy medical negligence claim, our team are on hand to offer you their expert advice and insight. We’ll work with you to identify exactly when your ‘date of knowledge’ occurred and explain how to take the next steps.
Erb’s palsy is a form of obstetric brachial plexus disorder that damages the nerves in the upper arm, resulting in a potentially lifelong condition. There are five primary nerves within this area of the body and in Erb’s palsy cases just one or all of them may be affected. These nerves are used for the movement and feeling within the arm. The damage sustained to the nerves can result in partial or complete paralysis of the limb.
In some cases, babies affected by Erb’s palsy can recover without treatment as nerves outside the spinal cord are able to repair themselves over a period of months. However, if an entire nerve is damaged or broken it will not grow back to the muscle. In some cases, intervention is required to limit the impact the condition will have. Treatment that is delivered quickly has a better chance of limiting the damage that has been caused.
There are a number of factors that determine how severe the Erb’s palsy will be, including:
How badly the nerves have been damaged, this can range from being stretched to a nerve being torn away from the spinal column
The most common cause for Erb’s palsy is a difficult childbirth. For instance, if the infant’s head and neck are pulled to the side during the birth or if excessive pressure is placed on the shoulders, it can cause damage to the brachial plexus nerves and result in Erb’s palsy.
While it is typically caused by a difficult labour, there are risk factors that could increase the chance of Erb’s palsy occurring, including:
While linked to birth, similar injuries can occur at any age following trauma to the head and shoulders.
Erb’s palsy is a commonly recognised as a birth injury, although it can occur in other circumstances too. If Erb’s palsy has been caused during labour it can be considered a birth injury.
In some cases, damage to the nerves during birth is unavoidable but it can also be the result of medical negligence. If you believe your baby has been affected by medical negligence, resulting in stress being placed on the brachial plexus, you may be able to make an Erb’s palsy medical negligence claim. We’ll work with you to assess how poor standards in the care your received affected you, reflecting this in the compensation amount we place on your case.
Spotting the signs of Erb’s palsy in infants can be difficult as many are not obvious. The symptoms that you may notice in your baby may include:
If you notice these signs you should speak to your doctor or health visitor about your concerns.
When the symptoms of Erb’s palsy are noticed, tests can be conducted in order to see whether nerve damage has occurred and how extensive it is. These may include:
Not all cases of Erb’s palsy require treatment. Where the damage is only minimal, the nerves can often repair themselves over several months. However, it’s still important for a diagnosis to be made so that the progress can be monitored.
Where the damage to the nerves is more extensive, a quick diagnosis can improve the likelihood of treatment working. Failure to deliver treatment when it’s needed can result in permanent paralysis in the affected limb that can have a significant impact on the child’s life.
Treatment options that may be used alone or in combination with others include:
Physical therapy can be used following surgery to ensure that movement is restored to its fullest possible. It can also sometimes be used alone to support natural recovery. Your physical therapist will be able to advise on how long a full recovery should take and what to expect, as well as providing exercises that can be done at home.
If your child is affected by Erb’s palsy they may find daily routines a challenge. Occupational therapy works with each child on an individual basis to help them deal with tasks such as tying their shoe laces, eating, and simply playing. In some cases, an occupational therapist may also advise on specialist equipment that could be useful.
A form of physical therapy, hydrotherapy can be used to take the stress off the musculoskeletal frame, allowing infants and children affected to build up muscle strength while reducing pain.
Where the nerve has been significantly damaged, a nerve graft may be recommended. This is where a sensory nerve is taken from another area of the body and grafted on to the damaged nerve. This can help stimulate the nerve fibres to grow and connect with muscles. The surgery has a high chance of allowing patients to regain the full use of their arm.
Surgery can be used to remove one end of a working tendon and stitch it to a paralysed muscle, therefore allowing a patient to move the muscle that has been affected.
Most babies fully recover from Erb’s palsy within six months and surgery is usually only considered after this point.
If medical professionals fail to diagnose Erb’s palsy and then take the necessary action in regards to treatment, a child affected by the condition can suffer from lifelong complications, including permanent weakness or complete paralysis of the limb.
If Erb’s palsy is extensive and remains undiagnosed or treatment is delayed, one of the key risks is that the damage caused will be permanent. When treatment is delivered effectively, the prognosis for Erb’s palsy is very good. However, without treatment, those affected could find that their limb is paralysed and that treatment options are no longer viable.
Sometimes Erb’s palsy is unavoidable and even when it’s caused during delivery it may not be considered medical negligence. However, there are cases where Erb’s palsy can be considered medical negligence.
There are compensation cases of medical negligence causing Erb’s palsy in the news:
For every 1,000 births, around one or two children are born with Erb’s palsy, although this figure is decreasing as medical advancements are made. The rate of recovery for Erb’s palsy is high, around four in five children will go on to make a full recovery and many will notice improvements in their condition within the first month.