No win, no fee erb's palsy compensation claims
You can be represented by a highly-experienced birth injury lawyer at no upfront cost to you. Under our No Win No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful.
In recognition of our expertise, we have a contract with the Legal Aid Agency to offer legal aid to clients whose children have suffered a neurological injury, including Erb’s Palsy, due to medical negligence during birth.
What is Erb's palsy?
Erb’s palsy, also referred to as Erb’s paralysis, is a serious nerve injury that can occur during birth, affecting the movement of the shoulders, arms and hands.
The condition is predominantly caused by birth injury, and in most cases the condition can be spotted as the elbow does not bend properly and is held against the body.
With lifelong effects, it is essential families have their questions answered and receive the support they need.
Early diagnosis and intervention is essential to try and reduce further damage and to treat the condition, and whilst recovery can occur naturally, some cases may require special treatment.
Specialists in Erb's palsy compensation
At Hudgell Solicitors we have helped many parents and children affected by Erb’s palsy by providing specialist legal advice to question and challenge the healthcare provided.
If there has been negligent poor care during the birth of your child, which has caused Erb’s palsy, then your child is entitled to claim compensation.
We fully appreciate that no amount of money can compensate for when a child is born with a life-limiting condition, and understand such cases can be emotionally challenging for parents and all those involved.
It is why our solicitors place a focus on securing interim compensation payments as soon as possible when negligence is admitted, which can cover the cost of much needed additional care, vital therapy and specialist equipment to help your child live the best possible quality of life.
Causes of Erb's palsy
One of the predominant Erb’s palsy causes is birth trauma. It is caused by shoulder dystocia, which is when the baby’s head has been born but one of the shoulders becomes stuck.
This may lead to an injury to the brachial plexus nerves and Erb’s palsy. In some cases, this can also result in asphyxia which may cause brain injury leading to cerebral palsy or even death.
Our team at Hudgell Solicitors has made successful Erb’s Palsy claims relating to:
- Using excessive force during the delivery which results in birth injury.
- Failure to carry out a caesarean section when there are clear signs one is needed.
- Failure to estimate a baby’s weight correctly.
The first step is to get in touch using our online claim form. From there, one of our experienced birth injury solicitors will invite you to a confidential discussion about your circumstances.
Brachial plexus birth injury
Obstetric brachial plexopathy
Brachial plexus birth injury can occur from improper handling during childbirth or failure to recognize and manage delivery complications.
What causes obstetric brachial plexus injury?
- Shoulder dystocia: Baby’s shoulder becomes lodged behind the mother’s pelvic bone, leading to excessive force to free the baby.
- Improper use of delivery tools: Excessive strain on the baby’s neck and shoulders from forceps or vacuum extractors.
- Breech delivery: Babies born feet-first are at higher risk if their arms are positioned awkwardly during delivery.
- Excessive pulling or traction: Too much force on the baby’s head or neck when delivering the shoulders can overstretch or tear the nerves.
Brachial plexus birth palsy is more common in complicated deliveries causing damage to the network of nerves (brachial plexus) that control movement and sensation in the baby’s shoulder, arm, and hand displaying symptoms like:
- Weakness or limpness in the affected arm or response to normal movement and reflexes.
- Weak or absent grip in the hand on the affected side.
- Reduced feeling, numbness or lack of movement or reflexes in the shoulder, arm, or hand.
- In severe cases, paralysis of the arm.
If hospital negligence is suspected, our specialist medical negligence colleagues can discuss your situation and advise you if you have a claim for compensation on behalf of your child suffering from obstetric brachial plexus birth injury.
How to make an erb's palsy claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
Funding
We will help you to decide how best to fund your claim. Usually, we will be able to offer you a No win, No fee agreement.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.
Letter Of Claim
We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused you injury.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
Negotiate Settlement
We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
Start your claim today
Feel free to give us a call or begin your claim online
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FAQs
Why choose Hudgell Solicitors?
We’re one of the UK’s leading medical negligence and birth injury compensation claims teams, with solicitors who have vast experience in succeeding in even the most complex of cases.
Our dedicated birth injury team has a wealth of experience in navigating Erb’s palsy claims and will work tirelessly to get you the justice and compensation you deserve.
You will benefit from:
- Decades of combined legal experience in handling cases involving serious injuries sustained through medical negligence, including birth injury.
- A leading team in securing clinical negligence compensation settlements and helping clients make the best possible recovery.
- Experienced medical negligence solicitors and lawyers taking the time to understand what you’re going through.
How do I make an Erb’s Palsy claim?
If you or your child has been affected adversely in any way by Erb’s palsy, our birth injury lawyers are here to listen to your experience and provide you with support.
The first step is to get in touch. You can begin by contacting us via our claim form. You can also call us for a confidential discussion of your current situation or arrange a meeting to suit you via our online form.
From there, your Erb’s palsy lawyer will discuss your circumstances and recommend potential ways of funding your claim from the onset, including our ‘no win no fee’ arrangement which enables people to pursue legal action without paying any money upfront.
How will Hudgells help me during my Erb’s Palsy claim?
We have a highly-experienced team of solicitors who have handled many claims related to Erb’s palsy. They are supported by our own in-house medical experts – including a registered midwife – meaning we are able to fully assess cases and the standard of treatment provided.
If we can pursue a compensation claim on your behalf, a specialist medical negligence lawyer will be assigned and dedicated to supporting you through your case. They will explain what is needed from you at each stage of the process, including what evidence and information will need to be obtained.
Our representation sees us:
- Carry out initial fact-finding by discussing with you what happened, what went wrong and the impact it has had.
- Inform the healthcare provider of our investigation into the care they provided, requesting relevant medical records and details of examinations and treatment.
- Seek independent medical opinion to determine whether your child’s injuries could and should have been prevented, had the proper care and attention been given.
- Make a decision, based on evidence gathered, as to whether we are in a position to make an official claim for damages to compensate for the suffering and hardship caused.
- Should admissions of negligence be secured, consider an application for interim payments to cover the cost of any immediate needs for a child and family.
- Seek to negotiate a compensation settlement out of court which reflects the injury and loss caused, including damages to cover any future care and assistance required.
From fact-finding to preparing your files should the case need to go to court, we are with you every step of the way throughout your claim.
What are the time limits for making an Erb's Palsy claim?
If aged 18 and over, you will typically have three years from the date that the negligence occurred, or from the date that you became aware of negligent treatment.
For under-18s, there is no time limit. However, once a child reaches 18, the standard 3 year claim period comes into effect.
If a person lacks the capacity to make a claim themselves, there’s no time limit for making a claim.
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