ERBS PALSY CLAIMS

The condition known as Erbs Palsy affects less than 1% of new born infants and is caused by injury to the brachial plexus system of nerves which may be as a result of clinical negligence for allowing the child’s head to be subjected to excessive trauma during birth and delivery. Compensation can be substantial dependent on the degree of diability. There are well established and recognised risk factors associated with both the unborn child and the mother which should be well known to any doctor or midwife including;

• unusually large child
• maternal diabetes
• failure to manage shoulder dystocia
• excessive force used to facilitate delivery

Any inappropriate traction applied during delivery can result in strain of the brachial plexus nerves. Claims for compensation usually fall into two main categories;

• failure to arrange a caesarean section in cases where shoulder dystocia should have been anticipated
• negligent handling of shoulder dystocia as a result of failure to follow established protocols

Shoulder dystocia is a serious problem which is often unpredictable and can result in severe injury or death to the infant. Shoulder dystocia occurs when the baby's shoulder becomes lodged behind the mother's pelvis. Any inappropriate traction applied at this point can cause strain or rupture of the ‘brachial plexus’ network of nerves. If the shoulder dystocia is not remedied quickly then asphyxiation or death may occur. There are well known methods of dealing with this medical emergency which should be familiar to doctors and midwives. These protocols if applied appropriately should relieve the problem and include:

• manoeuvring and changing the baby’s position
• repositioning the mother
• applying pressure to the pubic area
• carrying out the McRobert's manoeuvre
• breaking the mother's pelvic bone
• emergency caesarean section
• deep episiotomy cut
• breaking the baby's clavicle bone on purpose
• applying traction in a horizontal plane

The brachial plexus nerves emerge from the spinal cord and travel across the shoulder, along the arms to the tips of the fingers and damage can manifest itself in a number of different ways ranging from mild to severe and from temporary to permanent. The injury is usually classified according to the area of damage and the subsequent effect as follows:

• Klumpke's Palsy
  Usually includes a limp hand and immobile fingers often associated with Horners syndrome.
• Complete Brachial Plexus Palsy
  Occurs when the entire arm is paralysed. There may also be Horner's Syndrome and Torticollis caused as a result of nerve damage.
• Erbs Palsy
  Is characterised by the arm being turned towards the body, with a stiff elbow and the hand in a ‘waiters tip’ position.

Our solicitors are highly qualified specialists who are members of the Law Society Panel of medical negligence experts. Almost all children will qualify for full Legal Aid with no financial contribution from the parents as only the child’s income is taken into account. No consideration is given to the parent's income and assets which do not have to be disclosed. If you would like free advice direct from a specialist solicitor with no further obligation just complete the contact form and a clinical law expert will contact you as soon as possible.