Erb’s Palsy Claims

Can medical negligence cause erb’s palsy?

Erb’s palsy can be a result of an avoidable birth injury in some cases. Several factors can contribute to the damage caused to the nerves in your baby’s arm:

Medical staff using excessive force during delivery, either pulling the baby improperly or too hard, or failing to apply birth assisted tools such as forceps adequately
Failure to adequately monitor the baby’s size and position and the mother’s pelvis during prenatal appointments
Failure to refer a patient with birth risks for a caesarean section
An obstetric emergency leading to a quicker delivery than planned to avoid health complications

Our erb’s palsy solicitors can help you

We have extensive specialist knowledge in this complex area of law to support parents and their families. The team consists of both medical and legal birth injury experts who combine their rich knowledge to help achieve justice for clients. With in excess of 25 years’ experience as leading birth injuries specialists, we are committed to supporting families every step of the way to gain the compensation that they are entitled to meet their child’s needs both now and in the future.

We have a strong track record of securing multi-million-pound settlements for our clients following preventable incidents of medical negligence. We often feature in the news to raise awareness of maternity care issues and helping our clients to tell their story following a successful settlement.

How we can help you with your erb’s palsy claim

We can provide compassionate straightforward guidance through the entire process of making an erb’s palsy negligence claims, giving you the best chance of a fair outcome.

The claims process will typically involve:

What to expect through your birth injury claims process

Initial appointment with our team

We will discuss your case with you, including the errors you believe were made during your child’s birth and the effect this has had on their health, wellbeing and ability to function day-to-day. We will then provide an honest assessment of whether we think you have a claim worth further investigation and explain the claims process and fees involved.

Building your case

We will bring together all the essential evidence to support your erb’s palsy claim, including medical records, witness statements and evidence from independent medical experts.

Sending a Letter of Claim

We will then contact the NHS Trust or healthcare provider that you believe is responsible for your child’s erb’s palsy in writing. This letter will detail the alleged medical negligence and the resulting injury to your child.

The defendant’s response

The defendant has 4 months to investigate your claim and to provide a response. This will generally either involve them accepting full or partial liability and offering a financial settlement or denying responsibility. If a settlement is offered, we will advise you on whether we think it is reasonable and, if not, what further action can be taken.

Issuing court proceedings

If you are not satisfied with the defendant’s response and any offer of compensation, we can issue court proceedings. The defendant will have 28 days to respond, after which the court will set a date for a hearing. Typically, your hearing date will be around 18 months after proceedings are initiated.

Pre-trial settlement negotiations

In most cases where a claim has reached this stage, we will be able to secure a pre-trial settlement allowing you to avoid a court hearing. We have a very strong negotiating team to help ensure any settlement reached meets your child’s lifelong needs.

Trial by judge

If your claim cannot be resolved outside a court hearing, we can offer experienced and highly skilled advocacy to secure the best possible outcome for your family.

No win no fee arrangement to support you through the claims process

We understand that some families may be reluctant to file a claim. Many of our clients have not been successful with their previous solicitors who may have failed to obtain the evidence required to win a claim. We have a strong track record of securing substantial £multi-million settlements where previous solicitors have failed or have simply given up.

If you believe that excessive force was applied during your child’s birth or that the medical staff failed to advise you about the associated risks for your baby, our approachable and compassionate team are here to help. Significant birth injury claims can be pursued up to three years after your child’s 18^th birthday if mental capacity has not been affected. If we believe that you have a claim, we will undertake meticulous research with independent medical experts to scrutinise the medical reports and the medical decisions made before, during, and after your child’s birth.

We understand that for most families, the thought of extensive legal costs is daunting. We operate on a no win no fee basis. We also ensure that families receive interim payments before a final settlement is secured.

To hear more from the families that we have helped click here.

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