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Erb’s Palsy Claims

Erb’s palsy claims typically arise when brachial plexus palsy is caused by medical negligence during childbirth. This condition, resulting from excessive traction on a baby’s head, neck, or shoulders during delivery, can lead to nerve damage and long-term physical challenges. If your child has been diagnosed with Erb’s palsy due to substandard medical care, you may be entitled to pursue compensation. Our experienced team is dedicated to handling Erb’s palsy claims with care and professionalism, ensuring you receive the support and justice you deserve for your child’s injury. For a confidential consultation, please contact us at Free Phone 1800-844-104 or email [email protected]. You can also visit us at our 84 Talbot Street, Dublin 1, Ireland office.

What is Erb’s palsy disorder?

Erb’s palsy (or Erb–Duchenne palsy) is a form of brachial plexus palsy. One or two in every 1,000 babies present with this condition. It is often caused when an infant’s neck is stretched to the side during a difficult delivery. Recovery of movement and feeling in the affected arm occurs in most cases, often with daily physio and exercises. However, parents will play an active role in helping their child recover maximum function in the affected arm.

Have you been affected as a result of medical negligence?

• Our team of Erb’s palsy claim solicitors has over 30 years of collective experience handling cases for those who have suffered due to medical misdiagnosis or medical negligence.
• We are accredited as medical negligence specialists by Action against Medical Accidents (AvMA) and the Law Society of Ireland.
• AvMA, a nonprofit dedicated to patient safety and justice, has given Coleman Legal its seal of approval. Their website provides helpful advice on choosing a specialised solicitor for your medical negligence claim, which may assist you in making your decision.

How can this type of injury be caused during childbirth?

Brachial plexus injuries in newborn babies usually occur during a complicated delivery, often when the baby presents as significant, in a breech position, or following long labour. It can also happen if a birth becomes complicated, and the midwife or delivery team must deliver the baby quickly and exert some force/pressure to extract the baby from the birth canal.

Erb’s palsy treatment

1. Non-surgical treatment

Because most newborns with brachial plexus birth palsy recover independently, a doctor will re-examine the child frequently to check on nerve recovery. Nerves tend to grow and heal very slowly, and it can take up to 2 years to recover. There are both non-surgical and surgical treatment options for Erbs and Brachial Plexus palsy.

2. Surgical treatment

A doctor may suggest surgical treatment if there has been no improvement over the first 3 to 6 months of non-surgical intervention. In microsurgery, surgeons will often use microscopes and small specialised instruments. It should be noted that nerve surgery does not typically fully restore the normal function of the affected body part and is usually not helpful in older infants. As with all medical negligence cases, the process can be lengthy, and it is essential to take those initial steps of gathering information and seeking the advice of a legal representative who can point you in the right direction on how to deal with your potential medical negligence claim.

Erb’s palsy claim process

1. Consult our solicitor

It is advisable for you to speak to an experienced team of Erb’s palsy claim solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.

2. We obtain your medical records

After the consultation with your Erb’s palsy claim solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the medical professional’s part.

3. The medical negligence litigation process

Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will begin issuing legal proceedings in Court against the medical professional and/or hospital.

Statute of Limitations

The legal time limit to make an Erb’s palsy claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You can contact an Erb’s palsy claim solicitor to talk about your case and let you know about the statute of limitations applicable to your case.

Contact our birth injury team

 Quite often, parents may find themselves reluctant to contact birth injury solicitors in the early course as it may feel like prematurely acknowledging that their child has an illness from which they might not recover. If you believe that your child has suffered as a result of medical negligence, Coleman Legal can advise you as to whether you may have a case against another party and will support you through the entire process.

• Negligently handled births
• Problems not detected during pregnancy
• Failure to detect severe abnormalities pre-birth
• Errors during Ante-Natal care: Injury or death due to medical instruments and/or anaesthetics or inadequate suturing

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
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