ERBS Palsy (Brachial Plexus Injury / Shoulder Dystocia
Erbs Palsy is a Brachial Pluxus injury caused by “stuck shoulders” during the birth process. Shoulder dystocia known as “stuck shoulders” can be and should be identified during labour and steps can then be taken to avoid any injury. Unfortunately sometimes this is not the case which can result in clinical negligence on the part of the midwife, obstetrician or Healthcare provider. Erbs Palsy occurs when during second stage labour the head of baby has been delivered but the shoulders are too large to deliver and as a result of they impact on the mother’s pelvis.
As a result when baby is delivered and usually is larger than average there can be an injury to the neck which results in damage to the nerves (Brachial Plexus nerves) which control shoulder muscles which result in the arm and sometimes hand being paralysed.
Symptoms of Erbs Palsy may well be a paralysed arm, an arm that is limp, lack of muscle tone and control in the hand or wrist or even a lack of sensation in the arm or hand of baby.
Can I claim
Shoulder dystocia can be identified during labour and steps should be taken to avoid injury. If a Healthcare provider fails correctly to identify this it could mean that there has been clinical negligence on their part. If you or a member of your family are suffering with Erbs Palsy then please contact us to discuss whether further investigation can be commenced to see whether such problem has been caused as a result of clinical negligence.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can I claim for
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award” This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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