Erb’s Palsy Claims Solicitors

The compensation that a claimant receives following a successful Erb’s Palsy claim can be a crucial support for their entire lives, ensuring they have access to the treatments and therapies they need to make their life as straightforward as possible. They may also need specialist equipment throughout their lifetime.

Compensation can help cover numerous costs, including:

• Procedures and treatments
• Adaptations to the home and vehicles
• Long-term care requirements
• Aids and equipment
• Psychological therapies
• Loss of earnings

Unlike other forms of medical negligence claim, the law does not allow someone under 18 or a protected party (someone who lacks the mental capacity to make certain decisions for themselves) to bring a medical negligence claim on their own.

Therefore in most Erb’s Palsy claims, a parent or guardian of the claimant will act as a litigation friend. A litigation friend assumes the claimant's role throughout the claim, providing evidence and statements where necessary.

At Gadsby Wicks, our medical negligence claims solicitors can guide you through this important role. From your initial consultation, we offer dedicated legal advice built on decades of successful claims against NHS trusts, private hospitals and independent healthcare professionals.

• We have been dedicated to medical negligence since 1993
• We are authorised and regulated by the Solicitors Regulation Authority
• We are the first firm in England to have two or more lawyers accredited as accredited clinical negligence specialists by the Association of Personal Injury Lawyers
• Four of our solicitors are also accredited by the Law Society’s Clinical Negligence Accreditation Scheme
• We have in-house medical professionals to assist with your case
• Managing Partner Gillian Gadsby is on the Clinical Negligence Specialist Panel for the Action Against Medical Accidents (AvMA) charity

We will investigate all medical records, witness statements and further evidence to establish what happened, and work closely with trusted medical experts to determine the causation of a claimant’s injury and quantify their compensation.

Often, signs of Erb’s Palsy will be obvious to healthcare professionals immediately following birth. These include:

• A lack of movement, or no movement, of the affected arm
• Poor reflexes
• Abnormal positioning of the arm
• Poor grip strength
• Contracture of the elbow

Sometimes in mild cases of Erb’s Palsy, it may take a couple of weeks before the symptoms become recognisable, particularly for new parents who may not know what to expect from their baby’s arm movements.

The scope of an Erb’s Palsy injury is vast and entirely individual to the affected child. For some, the damage will be minor and may heal over time. For others, they could lose all function in their arm for the rest of their lives and require long-term care.

The extent of the child’s injury and the long-term consequences of it will depend on the amount of force placed on the baby’s shoulder during birth, and how long the stretching lasts.

Minimal, brief stretching could result in a minor nerve injury such as neuropraxia. Severe, extended pressure on the shoulder could restrict the growth and mobility of their arm or hand.

It also depends on whether Erb’s Palsy affects the child’s dominant hand. If it does, the impact can be even more substantial, as they must learn to function with their naturally weaker hand.

Depending on the severity, permanence and location of the nerve damage, Erb’s Palsy negligence can have life-changing repercussions for the child:

• They may be unable to take part in sports and other physical activities
• They may require specialist equipment and aids
• They may need to undertake regular physical therapy appointments to preserve the health of their arm
• They may require home adaptations – rails, lifts, voice-activated technologies, etc.
• They may be unable to perform typical daily tasks such as washing up, driving a car, riding a bike, lifting heavy objects, bathing, etc.
• They may be limited in the job roles and other opportunities they pursue, resulting in future loss of earnings

As well as the physical consequences, Erb’s Palsy can also cause a great deal of emotional trauma leading to mental health conditions. The need for additional assistance or abnormal arm growth could alienate someone from their peers, and affect how they perceive their body image.

They could also miss numerous childhood pastimes and milestones, from learning to ride a bike to taking their first swimming lesson.