Erb's Palsy - gaining support from compensation

Every child is different. At Boyes Turner we know from experience that each child’s Erb’s palsy injury is as unique as they are. The damage to the nerves that comes from excessive traction on the brachial plexus during birth can be partial or complete, nerves may be bruised, stretched or torn. Some babies recover without intensive treatment and others require specialist surgical intervention. It takes skill and experience to understand how each client will be affected by Erb’s palsy and to recover sufficient compensation to meet their needs in years to come.

For many children, Erb’s palsy is a lifelong disability. The difficulties can be both physical and psychological. Struggles with daily tasks can lead to a lack of confidence, frustration and difficulties socialising with other children.  Without adequate support, the injured child may find the only way to cope is by avoiding certain tasks, activities or situations.

Support and advice from professionals who understand Erb’s palsy can be key in helping families come to terms with an Erb’s palsy diagnosis. Where long-term disability from Erb’s palsy has been caused by medical negligence, compensation can be a lifeline which provides help and equipment which enables the child (and their family) to overcome many of the challenges that they will face, during childhood, adolescence and future adulthood.

Compensation for physical, psychological and financial support

Where Erb’s palsy (also known as brachial plexus nerve injury) has been caused by negligent birth injury, we help clients recover compensation to provide them with physical, psychological and financial support.

Physical support

Compensation can help provide physical support that is needed after brachial plexus injury, such as: 

  • private medical or surgical treatment that is needed as a result of the disability;
  • physiotherapy, equipment and gym membership;
  • occupational therapy (OT);
  • specialist equipment, such as adapted vehicles, food preparation aids, home environmental controls;
  • assistive technology and workplace equipment;
  • care (including for contingencies in the event of injury to the unaffected arm);
  • domestic help with home maintenance, childcare assistance or pet care support;
  • help with independence and accessing leisure activities.

Educational and psychological support

Compensation can also help pay for support with the non-physical effects of living with a disability. Many of our Erb’s palsy clients’ claims include provision for psychological support in coping with their condition and its effect on their home, school, workplace and social life. 

The child or young person affected by Erb’s palsy may benefit from counselling or therapy from a psychologist or psychiatrist. Psychological assistance can help them manage anxiety about physical limitations which sometimes leads to phobias and avoidance reactions.  They may be vulnerable to developing psychological reactions if there are  setbacks in treatment, recovery or they suffer further injury (for example, injuring the non-affected shoulder/arm).  Counselling or cognitive behavioural therapy may assist with anxiety management.  A therapist might recommend a course of sessions with booster courses later in life to help manage future triggers or relapses.

Support from a professional might also be helpful as the child grows up and has more insight into the injury.  Counselling or therapy might help the child come to terms with their disability and implement coping mechanisms.

Where needed, compensation can help by paying for:

  • specialist educational support;
  • counselling to help with coming to terms with disability, managing anxieties and building confidence.

Specialist solicitors and the experts who advise them in relation to a claim, can also signpost their clients to helpful support groups and charities.

In addition, many of our clients welcome the acknowledgement that a successful claim gives them, particularly where they have struggled to find explanations and answers from the NHS or correct, specialist legal advice elsewhere.

Financial support

In addition to paying for their specific needs, our Erb’s palsy clients find that working with us eases their financial worries by:

  • obtaining early, substantial interim payments to relieve financial hardship
  • securing the maximum level of compensation for their injury
  • compensating them for loss of earnings if their ability to work or level of income is limited by their disability
  • providing peace of mind that money will be available in future to meet their needs arising from their condition
  • providing post-settlement help with managing and making the most of their compensation payment

Boyes Turner are experts in achieving top level compensation for babies, children and young adults with birth-related Erb’s palsy or brachial plexus nerve injury. Our experienced and friendly Erb’s palsy solicitors understand the causes and effects of these injuries and work closely and sensitively with our clients to ensure that their lifelong needs arising from their own disability will be properly compensated and their individual needs met.

If you or a member of your family have Erb’s palsy as a result of maternity negligence and you would like to find out more about how we can help you claim compensation, contact us by email at mednegclaims@boyesturner.com.

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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