Facial palsy is a condition characterised by weakness in the facial muscles, causing part of the face to droop or become paralysed. This is usually due to damage to the facial nerve, also known as the seventh cranial nerve, which is responsible for controlling the contraction of muscles connected to the eyebrows, eyelids and cheek muscles.

Bell's palsy is the most common form of facial palsy and accounts for 80% of all cases. It results in partial or complete paralysis of one half of the face, which in turn leads to severe and often lifelong symptoms, such as:

• An inability to close one eye
• Difficulty eating and involuntary salivation
• Problems with speech
• Impaired sense of taste

There are different degrees of facial paralysis, depending on the extent of the nerve damage. Sometimes only the lower half of the face is affected, whereas in other cases it will affect one side of the face, or the entire face.

When facial palsy results from birth trauma, it can present in the following ways:

• The baby’s mouth does not pull down on both sides when crying, a condition known as asymmetric crying face
• The area below the eyes appears uneven when crying
• One of the child’s eyelids may not close fully or blink normally
• There is little or no movement on one side of the face

There are a number of causes of facial palsy, including viral infections, bacterial causes, genetic syndromes and stroke. However, it can also be the result of birth trauma, which most often occurs when deliveries that require the use of forceps are not carried out correctly.

The pressure of the forceps blade on the baby’s head can cause damage to the facial nerve, causing some degree of facial palsy. In many cases these injuries are not severe, meaning the symptoms will resolve after a few months. However, in other instances, the effects are long-lasting and debilitating - including the risk of brain damage caused by misuse of forceps.

Medical professionals and midwives are trained in the use of forceps, but if fast action needs to be taken - for instance, if a baby experiences distress during birth and needs to be delivered quickly - then mistakes can easily be made.

Treatment for facial palsy and Bell’s palsy depends on the nature and severity of the symptoms. Examples include:

• A course of steroid-based medicine
• Eyedrops and ointments to stop the affected eye drying out
• Surgical tape to keep the eye closed at bedtime

Other treatments and therapies include a form of physical therapy, known as ‘facial retraining’, and surgery to relieve pressure on the facial nerve, although surgery is rarely recommended. Generally speaking, the affected child will need to be monitored by medical professionals for an extended period of time to determine how best to treat them.

There is no standard or average amount of compensation for a Bell's palsy medical negligence claim, as every case is different. The compensation you will receive for a Bell's palsy claim is specific to your circumstances, as it is designed to address the pain, suffering and financial losses associated with your child's birth injury. However, while it is impossible to estimate how much compensation you could receive without a thorough understanding of your situation, it is possible to break down how compensation is calculated to help you understand what to expect.

The compensation will usually be made of two elements:

• General damages for the pain, suffering and loss of amenity caused by negligence. This calculation is guided by the Judicial College Guidelines, which provide minimum and maximum compensation recommendations for solicitors and courts to use when valuing claims. They are based on severity, so that cases where Bell’s palsy is temporary, symptoms resolve quickly, and there is no permanent facial disfigurement or nerve dysfunction might deliver less compensation than cases of serious or permanent facial paralysis.
• Special damages for financial losses related to the negligence you experienced. This aspect of Bell's palsy compensation claims accounts for any out-of-pocket expenses that can be directly linked to the negligence with evidence such as receipts or invoices. In most cases, you can claim compensation for:
• Costs of private medical treatment or therapy (including physiotherapy, counselling)
• Travel expenses for appointments related to treatment
• Care costs, if you took time off work or arranged a professional carer for your child due to the consequences of the medical negligence
• Adjustments to home or lifestyle if they are needed to support a permanent disability.

There is no fixed upper limit for special damages, as they are calculated individually based on the evidence you can provide.

Because compensation for a Bell's palsy medical negligence claim depends on the severity, duration, and impact of the condition, as well as any ongoing symptoms, psychological effects and financial losses, it is important to build a strong case. JMW can help you to gather evidence like medical records, expert opinions on your child's diagnosis and any negligence that may have occurred during their birth, and documents that show your financial losses. We will always work to secure the maximum possible compensation for you, to ensure your needs are met moving forward.