Erb's Palsy Compensation Claims

While some cases of Erb’s Palsy improve over time, others can result in permanent damage. Treatment often includes physical therapy to improve muscle function and range of motion, but in more severe cases, surgery may be required to repair nerve damage. If surgery is necessary, it can help restore some function, but it may not completely reverse the effects of paralysis.

Unfortunately, when the injury is too severe, it can result in lifelong impairment. In these cases, early intervention and continuous therapy are crucial to improving the child’s quality of life, though the child may still experience some degree of disability. Compensation can help cover these ongoing medical expenses and therapies.

You can still claim compensation for Erb’s Palsy even if the injury occurred in a private healthcare setting. The same principles of medical negligence apply to both private and public healthcare providers. Private hospitals, doctors, and medical professionals are held to the same standard of care as NHS hospitals. If your child’s Erb’s Palsy resulted from negligence during delivery, you are entitled to seek compensation from the responsible party, whether that’s a private doctor or a private hospital.

Our solicitors will assist you throughout the claims process, ensuring the claim is directed at the correct party, whether public or private, and that all necessary medical records and evidence are considered to strengthen your case.

Yes, in most cases, expert medical testimony is essential for an Erb’s Palsy compensation claim. Medical experts, such as paediatricians, neurologists, and obstetricians, will be needed to review the child’s condition, the events during the birth, and the medical records. They will provide a professional opinion on whether the injury was preventable and if the healthcare provider’s actions were negligent.

Expert testimony helps build a strong case, providing credible evidence that negligence occurred and ensuring the claim is robust. Our team works closely with medical experts to gather the necessary opinions and reports to support your case.

A claim can still be made even if the Erb’s Palsy injury wasn’t noticed immediately after birth. In some cases, the symptoms may be subtle and not become apparent until the child’s motor skills develop. For instance, limited arm movement or weakness may only become noticeable within the first few months as the child grows.

If the injury is diagnosed later on, you still have the right to pursue a compensation claim, provided medical negligence is determined to be the cause of the injury. Delayed diagnosis does not limit your ability to seek compensation. Our team can assist in gathering the necessary evidence and medical records to support your case and ensure the claim is filed appropriately.

Yes, in some cases, you can claim compensation for emotional distress caused by the impact of Erb’s Palsy on both the child and the family. The emotional toll of seeing a child live with the effects of Erb’s Palsy can be significant, and the mental health impact on parents and caregivers is often recognised in compensation claims.

Additionally, if the family has experienced psychological harm, such as anxiety, depression, or other emotional challenges as a result of the child’s injury, these factors can be included in the claim. Compensation can help cover therapy or counselling sessions for the family and help provide the support needed to cope with the challenges that come with Erb’s Palsy.