Erbs palsy compensation claims
Erbs Palsy affects less than 1% of newborn infants and is caused by injury to the brachial plexus system of nerves. It is caused by excessive traction on the child's head, neck or shoulders during birth and delivery.
There are well-established, recognised risk factors associated with both the unborn child and the mother, which should be known to any doctor or midwife, including:
- unusually large baby
- maternal diabetes
- failure to manage shoulder dystocia
- excessive force used to facilitate delivery
Any inappropriate traction applied during delivery can result in strain of the brachial plexus nerves. Claims for compensation usually fall into two main categories:
- failure to arrange a caesarean section in cases where shoulder dystocia should have been anticipated
- negligent handling of shoulder dystocia as a result of failure to follow established procedures
Shoulder dystocia is a serious problem which can often result in serious injury or death to the infant. Shoulder dystocia occurs when the baby's shoulder becomes lodged behind the front of the mother's pelvis. As a result of this the delivery becomes delayed and it is important that prompt and appropriate action is taken. If the shoulder dystocia is not remedied quickly then asphyxia or death may occur. There are well known methods of dealing with this emergency which should be familiar to doctors and midwives. These protocols, if applied appropriately, should relieve the problem and include (moving from least invasive to most invasive):
- carrying out the McRobert's manoeuvre
- applying suprapubic pressure
- applying pressure on the anterior shoulder by pressing on the mother's abdomen
- manual delivery of the posterior arm
- deep episiotomy cut
- placing mother on all fours
Usually these measures are successful but if not there are a number of further measures that can be taken:
- breaking the baby's clavicle
- emergency caesarean section after pushing the baby's head back into the birth canal
- symphysiotomy
- applying traction in a horizontal plane
The brachial plexus nerves emerge from the spinal cord and travel across the shoulder, along the arms to the tips of the fingers, and damage can manifest itself in a number of different ways ranging from the mild to severe and from temporary to permanent. The injury is usually classified according to the area of damage and subsequent effects as follows:
- Klumpke's Palsy - usually includes a limp hand and immobile fingers often associated with Horner's Syndrome (damage to the nerves of the eyelid, or 'droopy eye')
- Complete Brachial Plexus - occurs when the entire arm is paralysed. There may also be Horner's Syndrome and Torticollis caused as a result of nerve damage
- Erb's Palsy - is characterised by the arm being turned towards the body with a stiff elbow and the hand in a 'waiter's tip' position
Surgery is sometimes possible to relieve the problems, as well as extensive physiotherapy, but sadly the problems are sometimes permanent.
Making an erbs palsy claim
For free, expert advice on making an erbs palsy claim click here or call us free on 0800 0382 382. We are available to take your call twenty four hours a day, seven days a week.
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