Erb’s Palsy Solicitors in Blackpool & Fleetwood

Erb’s palsy, also known as Erb-Duchenne palsy, is a condition where a person’s arm is partially or fully paralysed due to nerve damage. Erb’s palsy is most commonly caused at birth when a baby’s upper arm is injured during delivery. As this is often the result of medical negligence, the parents of a child with Erb’s palsy will likely have a strong claim for compensation. 

Our medical negligence lawyers are highly experienced in handling Erb’s palsy claims, having helped families all across the UK to secure millions of pounds in compensation over the years. We are able to represent the majority of our clients on a no win, no fee basis, while Legal Aid funding is also an option for these types of claims involving a birth injury.

With our specialist expertise, we can help to resolve your compensation claim as quickly and smoothly as possible. Our goal is to ensure you have the funds you need so that your child can get all the support they need for their recovery and rehabilitation, minimising the long-term effects of Erb’s palsy. 

We understand how intimidating the process of making a medical negligence compensation claim can be, so offer a friendly, empathetic approach focused on your family and your needs.  

Our team is particularly skilled in non-confrontational dispute resolution meaning we are usually able to secure a settlement outside of a court, saving you time, money and a lot of stress.

To start an Erb’s palsy compensation claim, please get in touch with our medical negligence solicitors in Blackpool & Fleetwood today by calling 01253 766 559 or emailing dr@addies.co.uk.

How we can help you with your Erb’s palsy negligence claim

We can provide compassionate straightforward guidance through the entire process of making an Erb’s palsy negligence claims, giving you the best chance of a fair outcome.

The claims process will typically involve: 

Initial appointment with our team – We will talk through your case with you, including the errors you believe were made during your child’s birth and the effect this has had on their health. We will then provide an honest assessment of whether we think you have claim worth further investigation and explain the claims process and fees involved.

Building your case – We will bring together various types of evidence to support your Erb’s palsy claim, including medical records, witness statements and evidence from independent medical experts.

Sending a letter of claim – We will then contact in writing the NHS Trust or other healthcare provider you hold responsible for your child’s Erb’s palsy. This letter of claim will detail the medical negligence alleged to have occurred, the resulting injury to your child and how much compensation you are seeking to resolve the matter.

The defendant’s response – The defendant has 4 months to investigate your claim and provide a response. This will generally either involve them accepting full or partial liability and offering a financial settlement, or denying responsibility. If a settlement is offered, we will advise you on whether we think it is reasonable and, if not, what further action you can take.

Issuing court proceedings – If you are not satisfied with the defendant’s response and any offer of compensation, we can issue court proceedings. The defendant will have 28 days to respond, after which the court will set a date for a hearing. Typically your hearing date will be around 18 months from when proceedings are initiated.

Pre-trial settlement negotiations – In most cases where a claim reaches this stage, we will be able to secure a pre-trial settlement allowing you to avoid a court hearing. We have a very strong negotiating team, help to ensure any settlement reaches best matches your child’s interests.

Trial by judge – If your claim cannot be resolved outside of a court hearing, we can offer the experienced and highly skilled advocacy required to secure the best possible outcome.

Funding Erb’s palsy compensation claims

Most of our clients pursuing an Erb’s palsy negligence claim will work with us on a no win, no fee basis or with Legal Aid funding.

A no win, no free Erb’s palsy claim will mean that you do not need to pay anything to start your claim. You will only need to contribute towards your legal costs and expenses if your claim is successful, with the costs being based on a percentage of any settlement secured.

Legal Aid funding is an option for birth injury claims, meaning some or all of the cost of making an Erb’s palsy claim could be covered for you. The rules around when a claim is eligible for legal aid are very specific, so please speak to a member of our team to find out if this may be an option.

We will be more than happy to discuss your options for covering the cost of an Erb’s palsy negligence claim, so please don’t hesitate to get in touch.

Common questions about Erb’s palsy claims

How long do you have to claim compensation for Erb’s palsy? 

With any type of birth injury, including Erb’s palsy, you will have until your child turns 18 to bring a claim. If for any reason a claim is not brought during this time, your child will have a further 3 years to bring a claim on their own behalf once they turn 18.

How much compensation can you get with an Erb’s palsy claim?

This will depend on how badly injured your child was and the impact this is having and is expected to have on their life.

There are various elements of compensation you can be awarded for Erb’s palsy: 

- specific costs up to the time of the claim being resolved e.g. the cost of treatment, buying special equipment etc.

-   non-financial losses, such as pain and suffering

-   foreseeable future losses, such as on going treatment. 

How can you prove that Erb’s palsy was due to medical negligence?

To show that your child’s Erb’s palsy was due to medical negligence and therefore eligible for compensation, we will need to prove two key things: 

1.     That the care you and your child received during your child’s birth was negligent.

2.     That this negligence directly resulted in or contributed to your child developing Erb’s palsy.

These two points can be challenging to establish, which is why it so important that no detail is missed when examining your and your child’s medical records, speaking to witnesses and having your child examined by independent medical experts.

Our expertise in Erb’s palsy claims

Our birth injury team, headed by Diane Rostron, has an exceptional history of successful Erb’s palsy claims, helping families to secure compensation under the most challenging circumstances, including where other firms have previously failed. 

By combining more than 25 years of legal experience with a warm, compassionate approach, we make it as easy and stress-free as possible to pursue compensation for Erb’s palsy.  

Over the years we have built up strong links with various professionals, including medical, psychological, administrative, technological and logistical experts. This means we have access to the expertise we need, typically allowing us to process claims faster than many of our competitors.

As well as handling the claims process, we can also help you get access to any support your child needs, including arranging specialist equipment, accommodation and physical therapy. 

We are accredited for Clinical Negligence by the Law Society in recognition of our particular skill and expertise in this area and regulated by the Solicitors Regular Authority (SRA) ensuring we continually meet the highest legal standards.

Start a Erb’s palsy compensation claim now

Speak to our Erb’s palsy solicitors in Blackpool and Fleetwood about starting a claim today by calling 01253 766 559 or emailing dr@addies.co.uk.