Once funding has been secured, the first step is to obtain the relevant medical records. These usually include the following:
- Obstetric records
- A child's neonatal and paediatric records
- Any records relating to surgical intervention
It is also appropriate to request a copy of any shoulder dystocia protocol in force at the hospital at the time of the child's delivery to see whether the steps outlined in the protocol were followed by the delivering medical professional.
Upon consideration of the relevant records, the issues become clear. Usually the issues in an Erb's Palsy case are as follows:
1. Failure to arrange delivery by caesarean section where shoulder dystocia should have been anticipated - examples include:
- concern that a mother's pelvis may be too small to deliver the baby vaginally
- suggestion from antenatal investigations that the baby may be a large baby in size raising concern that the mother may be unable to delivery a large baby vaginally
- where a mother becomes diabetic during pregnancy, as diabetes during pregnancy can result in a large baby
2. Failure to appropriately manage shoulder dystocia once it occurs resulting in an Erb's Palsy injury through ignorance of the manoeuvres to adopt and the employment of excessive traction.
Once in receipt of the appropriate records, it is important that a statement is taken from the mother and/or father into the events surrounding a child's birth to establish the steps undertaken by the medical team.
It is usually appropriate to ask a consultant obstetrician to prepare a report commenting upon the treatment afforded to a mother during birth and any procedures adopted to try and deliver the shoulder that is stuck. If the delivery is performed by a midwife as opposed to a doctor, it may also be appropriate to obtain a report from an expert in midwifery.
As there is now an accepted inference that an Erb's Palsy injury is caused by excessive traction, a report commenting upon the cause of the Erb's Palsy injury is no longer absolutely necessary. This is because this issue can be touched upon by the medical expert instructed to prepare a report upon a child's condition and future prognosis. A report upon condition and prognosis is usually obtained from a Consultant Paediatric Neurologist and/or Consultant Orthopaedic Surgeon.
Once the allegations of negligence can be proved, the next task is to value the claim.
In valuing a claim, the following issues are considered:
- A report is obtained from a nursing care expert to comment upon the care given by parents above that which normally would have been given to a child without an Erb's Palsy injury. The nursing care expert will also address the issue of a child's care requirements for the future.
- A report from a physiotherapist is required to assess a child's existing and future physiotherapy needs.
- A report is required from an occupational therapist to assess a child's need for occupational therapy, along with special aids and equipment to assist with day to day living.
- Sometimes a report is required from an educational psychologist to assess the psychological affects of an Erb's Palsy injury upon a child at school in relation to mixing with peers, coping with limitations in comparison to peer members, and being unable to pursue a particular career of their dream.
- It is also important to consider whether as a result of an Erb's Palsy injury, a child is more susceptible to conditions linked to Erb's Palsy in later years like arthritis/rheumatism or whether they will need further surgery.
If you believe that you might have a legal claim relating to How to Conduct a Claim, please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in How to Conduct a Claim.
If you have any comments in relation to How to Conduct a Claim, please use the online discussion forum.
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We wanted to put in writing our most sincere thanks to you and all your colleagues who have worked with us and with others who were affected by this most unpleasant experience. Clearly you did a fantastic job in terms of providing us with professional legal advice but we also appreciated the genuine sympathetic approach you applied when dealing with our queries and helping us to negotiate through the legal pathway.
Helen and Bill, Berkhamsted
