Our medical negligence team
specialises in Erb's palsy legal claims. Our experienced
team has won many Erb's palsy claims recovering substantial damages
for our clients on a 'no win, no
fee' basis.
Brachial Plexus Palsy, also known as Erb’s Palsy, is a condition
that is mainly caused by birth trauma. It is caused by excessive
traction on the child's head, neck or shoulders during birth and
delivery.
An Erb's palsy case is caused when the nerves of a baby's neck
are damaged during child birth. Normally Erb's Palsy arises when
during labour the baby's shoulders get trapped in the birth cannel.
This causes the baby's chest and umbilical chord to be compressed,
which prevents the baby from being able to breath.
Birth Injury
Any inappropriate traction applied during
delivery can result in strain of the brachial plexus nerves. Claims
for compensation usually fall into two main categories:
- Failure to arrange a caesarean section in cases where shoulder
dystocia should have been anticipated; or
- Negligent handling of shoulder dystocia as a result of failure
to follow established procedures
Brachial plexus
If medical staff use excessive force or
methods in an attempt to try and free and deliver the baby, this
can cause nerve damage to the baby's brachial plexus.
The brachial plexus is a large network of
nerves running from the neck to the arm. These nerves provide
movement and feeling to the arm and hand. Erb's Palsy can
affect any or all of the 5 primary nerves that supply the movement
and feeling to an arm.
Paralysis can be partial or complete. The
damage to each nerve can range from bruising to tearing. Some
injuries recover on their own, however some babies are left with a
permanent disability that requires specialist treatment.
Erb’s Palsy signs
A classic sign is an elbow which does not bend
and the hand being held in a 'waiters tip' (turning
backwards) position.
When a nerve is damaged, weakness or paralysis
can affect the arm and hand. Signs of this may also include a limp
hand and there may be an associated Horner’s syndrome where the
eyelid droops and the pupil is slightly smaller on the same side as
the weak arm.
The baby may also have an associated
Torticollis. Torticollis is where the baby faces away from their
affected arm and is unable to face forward for any length of
time.
A nerve that has been severely damaged but
still remains connected may heal, but scar tissue may form at the
site of injury. This scar tissue may stop the electrical messages
that run through the nerves, so they can't get to the muscles. A
nerve that is completely pulled apart (avulsion) cannot repair
itself, so the muscles it supplies are paralysed.
It may be possible for the child to have an
operation to help the nerve and restore some function to the
muscle, but often the child will still be left with some weakness
in the arm. About one in ten children need surgery to help improve
function of the arm.
Erb's Palsy Claim
An Erb’s Palsy claim can only be pursued if
the Erb's palsy was the result of medical negligence in the
management of the pregnancy and/or delivery. Some factors that are
relevant in determining whether you may have an Erb's palsy claim
include:
- failure to estimate a large baby's weight and size prior to
delivery (especially if there are clinical signs indicating a large
baby and/or a prior history of previous pregnancies with large
babies)
- failure to perform a caesarean section when there are clinical
indications to do so
- failure to recognise and treat maternal diabetes (maternal
diabetes often increases the risk of having a large baby)
- failure to follow protocols for shoulder dystocia (there are
various maneuovres that need to be applied by the doctor if the
baby becomes stuck in the birth canal)
- applying unnecessary and excessive traction or force
during the delivery which then results in injury
Contact us
For further information or if you believe you have a
Erb's palsy negligence claim, please contact our
medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.
All enquiries are completely free of charge and we will
investigate all funding options for you including
legal aid and no win, no fee.