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Erb’s Palsy, also known as ‘Brachial Plexus Palsy’is an injury that can occur during difficult childbirth when there is damage to a network of nerves near the neck that can go on to develop problems in a child’s arms and shoulders, often causing weakness and mobility issues with hands and fingers and, in severe cases, can result in paralysis.
Our medical negligence experts are highly experienced and therefore understand the difficulties of Erb’s Palsy and are here to fight for you and your child in order to attain the best medical care and the right compensation for your needs.
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What is an Erb’s Palsy claim?
Erb’s Palsy is usually caused by trauma to nerves during childbirth and can result in life-long weaknesses and even paralysis in the shoulder, hand and arm. It is the duty of medical professionals to have identified potential birthing issues beforehand and to recognise issues such as shoulder dystocia to then conduct the recommended procedures during difficult labour in order to reduce the risk of injury.
If your child has been affected by substandard care within a healthcare facility, you could be entitled to an Erb’s Palsy compensation claim. Our medical negligence solicitors can advise if you have a claim and how we can help.
Can I claim compensation for Erb’s Palsy negligence?
If you believe your child has suffered medical negligence, our experienced solicitors can use their expertise to find out for sure if you have an Erb’s Palsy claim. This investigation will include assessing for any evidence of long-term issues due to negligent care from a health professional.
Whether your child is able to recover some movement or if their injuries are lifelong, compensation can be a crucial step to recovery for you, your child and your family. We understand the hardships, be it emotional or financial strain, which is why we believe in the importance of helping you to gain compensation that might make things just that little bit easier.
TYPES OF MEDICAL NEGLIGENCE LEADING TO ERB’S PALSY
Negligence within the medical field can occur due to a multitude of mistakes and inadequacies, we have support claims including the following negligent actions:
- The use of excessive amounts of force around your baby’s head, neck or shoulders during birth.
- Failure to recognise and advise of potential risks or signs of shoulder dystocia.
- Failure to recommend a caesarean section when appropriate.
- Improper usage of birth-assisted tools such as forceps
WHAT CAN ERB’S PALSY COMPENSATION HELP WITH?
From experience, we know that compensation received for Erb’s Palsy can help to make a huge difference. In more severe cases of Erb’s Palsy, children may require specialist care that continues into adulthood. Compensation can help to aid both your child’s development and any financial costs that arise, such as:
- Physiotherapy and private doctor appointments
- Home and vehicle adaptations and other specialist equipment
- Loss of income
- Private tutoring
To ensure that you are receiving the right compensation amount for your case we will consider factors such as the life-long effects of injury, the emotional and physical pain suffered and your child’s ability to be independent.
Why Choose Patient Claim Line for your Erb's Palsy Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Erb's Palsy Claims
Our expert legal team answer your questions about making an Erb's Palsy Claim
Paediatricians can usually detect and make a diagnosis of Erb’s Palsy by assessing symptoms and signs such as:
- Loss of feeling in the baby’s arm.
- Paralysis of the arm, partial or full.
- Weakness in one arm.
The time limit for Erb’s Palsy claims can depend on who is making the claim. If you are a parent/guardian claiming on the behalf of your child, you have until your child’s 18th birthday. If you have personally suffered from Erb’s Palsy and have turned 18, you have until your 21st birthday to make a claim.
We advise that you contact our team as soon as possible in order to ensure the most successful outcome and to allow our medical negligence experts enough time to collect evidence.
Erb’s Palsy is most commonly caused at childbirth, typically through a traumatic birth. If your child has developed the condition because of negligent treatment during birth, you may be able to make a medical negligence claim as their parent.
A child aged under the age of 18 is unable raise a claim on their own and should be done by a responsible parent or guardian. A parent, a grandparent or even an older adult sibling, acting in the best interests of the child can bring a medical negligence claim for the child. That responsible person will be known as the Litigation Friend. For more information take a look at our guide tomaking a claim for someone else.
Meet our Erb's Palsy Team
Partner, Senior Birth Injury Solicitor
Trevor is an incredibly respected and knowledgeable solicitor with over 35 years’ experience, dealing with complex, catastrophic clinical negligence cases. Throughout his illustrious career, Trevor has recovered multi-million-pound damages on behalf of clients in various areas of practice over the years.
Trevor is the current Chief Assessor for the Law Society’s Clinical Negligence Panel and has been for the last 3 years, and prior to that had been an assessor for the panel since inception in 1994. He works directly with many of the UK’s leading Counsel and experts.
Trevor’s caseload ranges from cases valued at over a £100,000 to over £20 million, seeing him act on birth injury mediations and achieve many lifechanging settlements for vulnerable individuals and their families.
“Little did I realise when I searched online for someone to take on my case, that I had found the very best.”
“He has an unrivalled depth and breadth of experience in clinical negligence work.”
“His assessment of cases is scrupulous and his judgement on both merits and evidence is first-class.”
Star Individual 2016 “He is very good and innovative. He sees things others don’t see.He is on his own level. He does some very intellectually challenging cases.”
“Universally regarded as a leading light in the clinical negligence arena’
Star individual 2019
Star individual 2021 Trevor Ward “has an unrivalled depth and breadth of experience in clinical negligence’ “his assessment of cases is scrupulous and his judgement on both merits and evidence is first-class.”
Star individual 2022 “Trevor Ward is at the top of his game. He has so much experience and knows how to deal with every situation that arises.”
“He’s the doyen of clinical negligence.”
“He’s a shrewd operator.”
ABX v Southampton University Hospitals NHS Trust: Acting on behalf of a family involving a birth injury case which began in 2012. The case is ongoing and trial is listed for 2023.
ABX v Bristol & Weston at University Hospitals NHS Foundation Trust: A highly complex birth injury case, acting for a family. Achieved settlement approval for £15M following High Court mediation.
- Trevor was present at the formation of the Association of Personal Injury Lawyers (APIL) over twenty years ago and the Society of Clinical Injury Lawyers (SCIL)
- A ‘Fellow of APIL’ and an active participant in SCIL meetings for Fletchers
- Chief Assessor for the Law Society’s Clinical Negligence Panel
- Specialist panel member for Action Against Medical Accidents (AVMA)
- A continuing member and former Chair of FOCIS (Forum of Complex Injury Solicitors)
Partner, Head of Medical Negligence
Emma is a team leader and a senior solicitor at PCL; she leads a team of junior and senior lawyers. As the senior solicitor within her team, Emma is accountable for the progression of cases to the point of settlement or issue. She completes formal assessments of each case and strategically plans the progression of the case, ensuring all cases within her team run smoothly and our customers receive the justice they deserve.
She is responsible for overseeing the operational management of the office in Leeds , providing strategy and leadership, people management and technical support to this growing department. In addition to representing her clients, Emma has a wealth of experience in leading and developing a successful team of lawyers dealing with a wide range of Clinical Negligence claims.
Emma headed the Fletchers’s team at the Salford Dragon Boat race in 2018, raising almost £1000 for Big Change Manchester, which was used to help fund the Big Change services and ensure that those living on the streets or in temporary accommodation continue to receive the necessary support they need.
Associate & Birth Injury Solicitor
Leanne is a Specialist Litigator operating within our Medical Negligence Department. In total, she has worked in the legal profession since 2003, initially specialising in catastrophic injuries.
As a dedicated Specialist Litigator, Leanne specialises in birth injury cases and is passionate about getting results for the many families she represents.
Her unwavering client care has seen her succeed in representing many vulnerable families, all of whom have experienced incredible trauma and loss.
“Leanne was friendly and very approachable, my husband and I always felt we were in very capable hands. Leanne was not only thorough but also compassionate throughout, her support whilst completing our statements was very welcoming and it helped ease any upset and pressures.”
“Based on my experience, if anyone is considering pursing compensation for their child having cerebral palsy as a result of a birth injury then I would not hesitate to recommend Leanne.”
HS v Lancashire Teaching Hospitals NHS Trust: Acting on behalf of her client following a maternal infection during labour which crossed the blood-brain barrier causing injury to the baby.
LW v Cwm Taff Local University Health Board: Acting for her client after a medical professionals failed to recognise a baby was in distress.
SH v Cwm Taff Local University Health Board: Acting on behalf of her client due to failure in recognising that mother had a torn uterus during labour causing a hypoxic injury to baby.
CW v Cwm Taff Local University Health Board: Acting on behalf of her client when there was a failure to recognise a baby was in distress during labour, Resulted in a hypoxic injury.
Featured as an Assistant Solicitor in the Legal 500 in 2020
Associate, Chartered Legal Executive
Katy has 19 years’ post-qualified experience of medical negligence and personal injury work, and has progressed numerous cases through the court process to trial. She provides high quality work for the clients that she represents, having good attention to detail and technical knowledge. Katy prides herself on developing excellent relationships with both her clients and their families, wanting to reassure her clients and restore faith following the trauma that they will have experienced whilst securing the best possible outcome.
Whilst Katy deals with a variety of clinical negligence cases, she has a keen interest in orthopaedic, cosmetic surgery and also paediatric cases. Aside from her legal cases, Katy is working with the Clinical Negligence department to encourage and assist colleagues with training and experience in litigation. One of her more notable cases involved the Court of Appeal, with the defendant appealing the judgement given by the County Court. Permission to appeal was rejected and her client successfully received over £350,000 compensation. Katy works with the Lawcare Charity as a Peer supporter, providing advice and support for people within the Legal community and working on a one-to-one basis with struggling Lawyers. She is also a keen promoter of supporting mental health within the workplace.
Notable Settled Cases
MPH: Fully disputed case, hip replacement (£500K)
JK: Fully disputed case, 87-year-old male, partial foot amputation (£72.5K)
GJ: Fully disputed case, unnecessary STARR procedure (£200K)
“Katy Link was excellent in all aspects.”
“Katy Link was amazing. She was there for me all the time even evenings and often at weekends too. She handled everything very professionally whilst remaining thoughtful and empathetic. She did a fantastic job and I am very happy to recommend her.”
“I know I have, on occasions, been a little grumpy about the whole thing but in all that time you have been unbelievably professional and warm towards me. I cannot express enough how grateful we are for all your hard work and persistence in getting the very best for me. It is much appreciated and we both thank you very much.”
"He's always there for us"
At the age of 2 we noticed our son Vincent had trouble with his hearing. We had this testing over a number of years and were repeatedly told there was nothing wrong.
Initially we thought this was a speech and language problem, this wasn't the case. It took 4 to 5 years of assessments, with the constant response that there was nothing wrong with his hearing. A different test was them carried on Vincent overnight where it was found he was profoundly deaf.
After years of frustration we were finally able to provide Vincent with the support he required and received an implant. This has enable Vincent to be able to hear. The support from our solicitors has enabled to to gain access to specialist which have supported Vincent in closing the gap in his speech he lost out on to his peers.