Erb’s Palsy Claims

Erb’s palsy or otherwise know as Erb-Duchenne palsy was named after two French physicians namely Guillaume Duchenne and Wilhelm Erb.  They both separately described the condition as far back as the 19th century.

This medical issue involves a paralysis of the arm which arises from an injury and a nerve issue may be patient prevalent. It can occur from shoulder dystocia arising during childbirth. Excessive traction on the babies shoulder / neck region can lead to nerve damage of the brachial plexus.

A patient with this medical issue may have reduced sensation, limited motion range, muscle atrophy, muscle weakness etc.

Nerve injuries which can arise connected with erb’s palsy are :

  • Neuroma – this can arise from trauma or surgery
  • Avulsion – this occurs when the never roots detach from the spinal cord
  • Neurapraxia
  • Rupture
  • Stretch injury

Endeavouring to try and identify the cause of erb’s palsy is important.

Causes can include shoulder dystocia, breech presentation, labour complications, the assisted delivery techniques, fetal positioning etc.

Open Disclosure

Many times for patients of the child the lack of information they obtain is very concerning. This then can lead to years passing and they are none the wiser of a cause issue.

Open disclosures may assist transparent information being forthcoming in our view. Admitting liability is another matter.

The Patient Safety Notifiable Incidents and Open Disclosure Act of 2023 was signed in law on the 2nd of May 2023, but to this current date is yet to formally commence.

This Act states under Section 6.

where, in the opinion of a health practitioner a notifiable incident has occurred in relation to a patient, the health practitioner shall, as soon as practicable, inform the health services provider which is, at the time he or she has formed the opinion, providing the health service to the patient.

Section 5 of the Act states :

Where a health services provider is satisfied that a notifiable incident has occurred in the course of the provision by it of a health service to a patient, (whether the notifiable incident occurred when that provider was providing that service or another health services provider was providing a health service to that patient) the health services provider shall, subject to sections 19 and 20 , hold a notifiable incident disclosure meeting in order to make the open disclosure of that notifiable incident to the patient or relevant person (or both of them) as specified in section 7 .

Cleary & Co. Solicitors – Litigation Law Firm

If you concerned about substandard care from a medical care provider, Kieran Cleary and Roger Cleary are experienced Medical Negligence Solicitors who can help with questions you may have regarding a medical negligence concern.

Contact details are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

Cleary & Co. have many years of experience specialising in civil law medical negligence cases and if we can help we will.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Roger Cleary

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We help people injured due to negligence attain restitution to their pre-incident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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