Erbs Palsy Claim Solicitors - Medical Negligence

The brachial plexus is a network of nerves, emanating from multiple positions along the spinal cord, passing across the shoulder and radiating over the chest which controls movement in the arms and hands. Damage to this network of nerves may be caused as a result of an accident but is most often a birth injury caused by a difficult delivery that has necessitated the use of more force than would be ideal.

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Brachial Plexus Injury

The most common injury to the brachial plexus nerve network is Erbs palsy which is caused by damage to particular nerves as they exit the vertebra of the spine. The word ‘palsy’ is an old medical term which means ‘paralysis’ and is used for many other forms of injury where there is nerve damage or nerve irritation or brain damage that results in reduction or loss of movement and muscle control. Erbs palsy may result in a limp or paralysed wrist, hand and fingers with reduced sensitivity and less than adequate control of the entire limb. A child suffering from this condition will usually hold their arm in an unusual position and may have the hand and fingers turned upwards in the ‘waiters tip’ position.

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Established Protocols

Erbs palsy is usually caused by the tearing of the brachial plexus nerves as a result of the use of excessive force during birth, often precipitated by a medical emergency such as shoulder dystocia which puts the lives of both mother and child at risk. There are established medical protocols for dealing with this emergency situation and a failure to follow the optimum course of action which subsequently causes injury may well result in an Erbs palsy claim for compensation, alleging medical negligence for any disability caused to the child.

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Medical Negligence

This is a relatively rare condition in Australia occurring in approximately 1 in 2,000 births. A high percentage of the diagnosed cases do result in allegations of medical negligence and a subsequent Erbs palsy claim although it must be noted that not all of these claims succeed. The fact that the treatment offered by a medical practitioner does not work, does not necessarily mean that the medical practitioner is negligent. To prove medical negligence it is necessary to show that the physician failed to take reasonable care. Provided that a doctor acted in a way that was widely accepted by a significant body of other doctors it is difficult to show the presence of medical negligence. The court will determine what amounts to a reasonable standard of care after considering written evidence in the form of medical records and after hearing expert witness opinion from specialist medical consultants.

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Specialist Solicitors

Erbs palsy claims are complex legal matters that need detailed consideration by a team of experienced lawyers and specialist medical consultants. Our solicitors are currently dealing with Erbs palsy compensation claims throughout Australia and we are very experienced in these matters. If you submit your details our solicitors will review you claim and give you initial advice on liability and the likely value of the financial award, with no further obligation.