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compensation following an accident
illness or injury - nationwide
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Around one in 2000 babies born in the UK is affected by Erbs palsy. Although some of these will, following surgery, go on to develop normal levels of shoulder-arm mobility, many will not.
As a result, some children will find it necessary to claim birth injury compensation. According to the NHS Litigation Authority, around 42 such claims are mounted each year, with year-on the cumulative cost of litigation running close to the £100 million mark.
For the most part, Erbs palsy can be prevented by performing a rotation manoeuvre during delivery that ensures the baby does not become stuck against the mother's pelvis, a complication known as shoulder dystocia.
Increasingly, blame is being place on midwives for failing to prevent injury to the brachial plexus. For example, in March 2009, the Daily Mail reported that "the problem is that many midwives have not properly learned the technique, or are working under such pressure that they panic and focus on getting the baby out at all costs."
Even those within the NHS admit that problems exist. An NHS worker told theGuardian newspaper, "These cases involve claims that there was a failure to anticipate a problem or that too much force was used in trying to dislodge the child when it was part way out, when there's a sense of urgency at that stage because delay can lead to severe neurological damage. Sometimes there can be poor technique or undue pressure in getting the child out."
However, midwives are quick to defend themselves and the level of training they receive to deal with the problems presented by shoulder dystocia. Discussion boards on the Royal College of Midwives website are full of postings from midwives describing the training they receive as, variously, "adequate", "sufficient" and "satisfactory". Indeed, some suggest that contemporary cases of the birth injury may be caused by the "lifestyle choices" of mothers leading to increased levels of obesity and high birth weight, surely suggestions that would be inappropriate to those families who have suffered at the hands of negligent obstetric and midwifery staff.
Birth injury claims with leading UK medical negligence solicitors
Erbs palsy compensation claims can be difficult and complex, so it is important that you enlist the services of a no win, no fee solicitor who is an expert in this particular type of medical negligence litigation.
All the shoulder dystocia claims specialists on our panel are drawn from firms governed by the Solicitors Regulation Authority, including members of the Clinical Negligence Accreditation Scheme.
Although the complexity of claims of this nature precludes us from offering a cost free service, we do endeavour to keep all costs to an absolute minimum, while also explaining them in advance.
We run a 100% compensation guarantee: we never take any cuts.
If you would like to consult an advisor who can help you determine whether it might in your interests to proceed with a claim, use echat, complete an online claim form, or call us today, on 0800 10 757 95.
