Erb's Palsy Compensation Claims

Erbs Palsy is a type of Brachial Plexus Palsy which is a condition affecting the nerves that control the muscles in the arm and hand (The term brachial refers to the arm, and the term plexus means a bundle of nerves). The brachial plexus is located on the right and left sides of the neck above the shoulder. There are several types of Brachial Plexus Palsy, depending on which nerves are affected.

Damage to these nerves occurs when a baby's shoulders become stuck during birth (shoulder dystocia) and traction is applied to the head in an attempt to get the baby out, resulting in bruising, stretching or tearing of the nerves in the brachial plexus.

The most common signs of Erbs Palsy are -

• A limp and paralysed arm
• Lack of muscle control in the arm
• Decrease or loss of sensation in the arm/hand
• Lack of control of elbow or shoulder muscles

This injury often occurs as a result of a doctor or midwife panicking when the shoulders get stuck and then using excessive force trying to pull the baby out. It is understandable why this happens as once the shoulders become stuck the baby cannot breathe because the chest and umbilical cord are compressed in the birth canal.

Most hospitals now have a policy for dealing with shoulder dystocia, setting out clearly how it should be handled. This involves summoning senior staff, performing a large episiotomy and attempting to rotate the shoulders internally.

Treatment consists of physiotherapy, commencing soon after birth, and also, in many case, surgery to try and correct the nerve damage but results are very variable.

There is now a general acceptance that Erbs Palsy negligence is almost always as a result of excessive traction to the head.

Claims are based on:

• Failure to arrange a Caesarean Section where shoulder dystocia should have been foreseen (big baby/narrow pelvis/past history)
• Failure to appropriately manage shoulder dystocia once it occurs

If your child has been harmed as a result of incompetence you may be able to claim compensation. Legal action to obtain damages for clinical negligence is a highly specialist area of the law so it is important that the solicitor dealing with your case has specific training and experience in this field. JMW Medical Negligence Solicitors are experienced in all types of medical negligence claims and our solicitors are members of the specialist Law Society panel of medical negligence experts. Almost all children will qualify for legal aid as only the child's income and assets are considered.

We give free advice either personally or on the telephone on medical negligence law to find out whether you have a good case and if after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.

Call freephone 0800 054 6512 or complete our enquiry form.