Who is liable for a claim for Erb’s Palsy injury during birth after my daughter was injured during a difficult birth?
You could be entitled to make a claim for Erb’s Palsy injury during birth if it can be established that your daughter was the victim of third party negligence which resulted in her injury. Delivering a child can be a highly delicate procedure for both mother and child and the trained professionals delivering the baby must ensure that a birth injury from Erb’s Palsy does not occur throughout the process. However accidents can occur and if it transpires that an avoidable accident resulted in an injury, your child may be entitled to compensation for Erb’s Palsy injury during birth. However this can depend on the nature of your child’s birth accident resulting in Erb’s Palsy and the right to claim compensation is not guaranteed.
In order for a claim for Erb’s Palsy injury during birth to be successful, it must first be determined that your child sustained an injury which could have been avoided had care been taken. Your child was owed a duty of care from the medical professionals responsible for delivering her and if a birth injury from Erb’s Palsy occurred this could be seen as negligence on behalf of the delivery team. Your daughter may therefore be entitled to compensation for Erb’s Palsy injury during birth if – for instance – the team had taken dangerous or unnecessary risks while delivering the baby, if they did not receive sufficient training or if they had used incorrect equipment while performing the delivery. In this situation, compensation for a birth accident resulting in Erb’s Palsy will be claimed against the insurance policy of the hospital in question.
However a claim for Erb’s Palsy injury during birth may not be possible in certain circumstances if it is determined that negligence had not occurred. A medical expert will assess your child’s birth injury from Erb’s Palsy when you make a claim and if they find that – in the circumstances surrounding your daughter’s birth – the attending medical staff had taken measures which a competent professional would have taken, a claim may not be possible. This could be the situation if your daughter’s birth accident resulting in Erb’s Palsy could have been averted with an emergency C-section, but this was not performed as it would have resulted in a further injury. In this situation your daughter’s injury could be considered to be the result of an unfortunate accident rather than because of negligence and compensation for Erb’s Palsy injury during birth may not be possible.
Liability for a birth injury from Erb’s Palsy can be challenged, and for this reason you are advised to consult a personal injury solicitor at the earliest opportunity to assess your claim. Although it could be determined that the actions of a medical professional resulted in your child’s birth accident resulting in Erb’s Palsy, these actions may not have been negligent. However it is also possible that actions could have been taken to avoid such an accident from occurring and in this situation compensation for Erb’s Palsy injury during birth could be possible. A claim for Erb’s Palsy injury during birth is best pursued with the assistance of a personal injury solicitor who should be consulted at the earliest opportunity following an accident and injury.