It’s important that you and your family seek legal advice as soon as possible after an Erb's palsy diagnosis, as the cause of this condition may be due to medical negligence during birth.
Erb’s palsy, also referred to as “Erb-Duchenne” palsy, can often be frightening to begin with, especially if your baby is unable to move their arm in any way. Erb’s palsy affects the brachial plexus, which consists of a network of nerves found in the neck and shoulder region. It is made up of five large nerves that come out of the spinal cord between the bones in the neck (the vertebrae), pass under the collar bone (clavicle) and into the upper arm. The nerves enable the signals that allow movement and feeling to reach the arm.
Babies who suffer with Erb’s palsy often cannot move the affected shoulder or upper arm. Symptoms may include a limp arm, inability to grip with the hand affected, loss of sensory and motor function in the upper arm and numbness.
Many people who bring Erb’s palsy compensation claims after their babies are born do so due to the negligence suffered during birth. If a medical professional causes damage through negligent behaviour, and it results in this condition, the family would be eligible to file an Erb’s palsy lawsuit.
If you’re a parent of a child who has Erb’s palsy, or if you’re an adult who has Erb’s palsy and is old enough to make a claim, you are eligible if the condition was caused by medical negligence during birth. If you choose to bring a claim, our Erb’s palsy lawyers will take a detailed account from you and proceed to obtain your medical records. We have a proven track record of helping clients who have suffered at the hands of negligence medical staff.
Like with most medical negligence claims, the time limit for these types of claims is three years from the date of diagnosis.
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We carry out many of our claims on a no win, no fee basis. This means there are no upfront costs for you and, provided that you have not misled or acted against the advice that we have given you, no financial risk to you – even if your claim is not successful.
In most instances we will purchase ‘After the Event’ (ATE) insurance on your behalf to cover any legal costs should you not win the case. However, if you have a ‘Before the Event’ (BTE) insurance policy included in your home, car or credit card insurance then we may look to use that insurance to cover the legal costs and an ATE policy should not then be required.
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In general you have three years from the date of negligence or reasonable knowledge of mistreatment by a medical professional causing you harm to bring a medical negligence compensation claim. There are some exceptions to this rule; for instance where the matter involves a child in which case the child has three years from the date of their 18th birthday to bring a claim, therefore expiring on the individual’s 21st birthday.
It is important to speak to our medical negligence solicitors as early as possible to avoid any issues with limitation dates.
