Brachial plexus claims
Seeing your child suffer a brachial plexus injury during birth can be worrying, especially when you don’t know what the future may hold. Our specialist birth injury solicitors are here to listen and help you understand whether you may be able to make a claim. With years of experience supporting families affected by serious birth injuries, our team are here to help.
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Can I make a brachial plexus claim?
If your child has suffered a brachial plexus injury during birth, you may be able to make a claim if the injury was caused by medical negligence. This can happen when the care provided during pregnancy or delivery falls below the standard expected, leading to avoidable harm. Our specialist birth injury solicitors can help you understand what happened and whether you may have a claim.
A brachial plexus injury can occur during a difficult birth, especially when there are complications like shoulder dystocia. In some cases, the injury may result from excessive force being used during delivery. This could mean the use of birthing aids like forceps or ventouse. It could also be caused by a failure to identify and manage known risk factors such as the baby’s size and position, or known health conditions of the mother. Every birth is different, and an injury does not always mean that negligence has occurred, but it is important to have the circumstances reviewed by a specialist.
Even if you are unsure whether mistakes were made, or you do not have all the answers, it is worth seeking legal advice. There are time limits for making a claim, although different rules can apply for children. Speaking to our specialist team can help you understand your options and whether you may be entitled to compensation.
Example of a brachial plexus injury claim
During a difficult delivery, a baby develops a brachial plexus injury after excessive force is used to help deliver their shoulders. They are later diagnosed with weakness and limited movement in one arm. If an investigation finds that the injury could have been avoided with appropriate care and management during birth, the family may be able to make a medical negligence claim.
Related brachial plexus injury claims we support
Expertise you can trust
- 9/10 clients would recommend us
- AVMA Panel Members
- Securing interim payments to ensure early access to support
What compensation can help with
Recovering lost income and covering future care
Compensation for a brachial plexus injury is not just about receiving a payment. It is about helping your child access the support and treatment they might need now and in the future. A successful claim can give you financial security and help protect their quality of life as they grow.
A brachial plexus injury can affect a child in different ways. Some children may recover with physiotherapy and support, while others may need ongoing treatment. Some need specialist equipment or adaptations to help them live as independently as possible. Compensation can help cover the cost of the support your child needs and any adaptations at home needed to support them.
The amount of compensation will depend on the individual circumstances of the case. Factors like the severity of the injury and the impact on your child’s daily life will be important in determining the amount. As well as this, their future needs, and whether they require lifelong support will be considered.
Understanding the potential value
Every brachial plexus injury claim is different, and the value will depend on the severity of the injury, the impact it has on the child’s life, and the support they may need in the future. For example, we secured a £320,000 settlement for a child who suffered a brachial plexus injury during birth, which resulted in Erb’s palsy. The settlement reflected the lasting impact of the injury and the support needed moving forward.
Understanding interim payments
For some brachial plexus injury claims, interim payments may be available before the case is fully resolved. These payments can provide early financial support to help with immediate needs, like rehabilitation or specialist care, while the full value of the claim is being assessed. Our specialist solicitors will work to ensure any settlement reflects both the challenges your child faces today, and the support they might need in their life going forward.
Why choose Fletchers for your brachial plexus injury claim?
Our specialist birth injury solicitors have experience supporting families affected by complex and life-changing injuries, including brachial plexus injuries. With a multidisciplinary approach, recognised expertise, and a strong track record of securing compensation, we work to ensure your child has access to the support they need for the future.
Expertise you can rely on
- Specialist birth injury solicitors with experience supporting families affected by brachial plexus injuries and other life-changing injuries.
- Members of the Law Society Clinical Negligence Panel
- Accredited by the Association of Personal Injury Lawyers (APIL)
- Recognised in leading legal directories such as Chambers and Partners and The Legal 500
- Strong track record of securing high-value settlements for complex birth injury cases
You're not alone
We understand what you are going through. A brachial plexus injury can change the future you imagined for your child and leave you with questions, worries and uncertainty about what comes next.
Families we support often tell us how difficult it can be to see their child experience weakness, limited movement or ongoing challenges because of their injury. The impact can be physical, emotional and financial, affecting everyday activities and the support your child may need as they grow.
A brachial plexus injury can affect a child’s independence, confidence and ability to take part in everyday activities. Some children may need ongoing therapy, specialist equipment or adaptations to help them achieve the best possible quality of life.
We have helped many families who have faced similar situations. Our specialist solicitors are here to listen, understand your circumstances and help you access the support and compensation your child may need, both now and in the future.
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FAQs about brachial plexus injury claims
What is the brachial plexus?
The brachial plexus is a network of nerves that starts in the neck and travels through the shoulder down to the arm and hand. These nerves control your movement and feeling in the upper limb, allowing you to move.
Where is the brachial plexus?
The brachial plexus is located between the neck and shoulder area. It is made up of nerves that connect the spinal cord to the muscles and skin of the shoulder, arm and hand.
What is a brachial plexus injury?
A brachial plexus injury happens when the nerves in the brachial plexus become stretched or compressed. These nerves could also be torn. Depending on the severity of the injury, this can cause weakness, reduced movement or, in more serious cases, permanent disability in the affected arm.
What causes a brachial plexus injury during birth?
A brachial plexus injury can happen during a difficult delivery. In some cases, the injury may be linked to excessive force during delivery or a failure to identify and manage risks during labour.
What are the symptoms of a brachial plexus injury in newborns?
- Signs of a brachial plexus injury in a newborn may include:
- Limited or no movement in one arm
- A limp arm held close to the body
- Reduced grip strength or a lack of reflexes or sensation on the affected side.
Symptoms can vary depending on the severity of the injury.
What is brachial plexus palsy?
Brachial plexus palsy is a term used to describe weakness or paralysis caused by damage to the brachial plexus nerves. One example is Erb’s palsy, which can affect movement and strength in the shoulder and arm.
Can a child recover from a brachial plexus injury?
Every child’s recovery is different. Some children improve with treatment, while others may have lasting difficulties that require ongoing support or specialist equipment.
How are brachial plexus injuries treated?
Treatment depends on the severity of the injury. Many children receive rehabilitation like physiotherapy to improve strength and movement. In more serious cases where nerves are damaged, surgery may be needed to repair the affected nerves.
Can I claim compensation for a brachial plexus injury?
You may be able to make a claim if your child’s brachial plexus injury was caused by medical negligence. This could include situations where healthcare professionals failed to provide the expected standard of care at any stage of your journey.
How do I prove a brachial plexus injury claim?
To make a successful claim, you usually need to show that the care provided fell below the expected standard and that this caused the injury. We can help you gather evidence to help support a claim.
Is there a time limit for making a brachial plexus injury claim?
There are time limits for making medical negligence claims, but different rules can apply for children. Because these cases can depend on medical evidence and records, it is important to seek advice as soon as possible.
How much compensation can you receive for a brachial plexus injury?
- The amount of compensation depends on the individual circumstances of the case. Factors that will be considered include:
- The severity of the injury
- The effect on your child’s life
- Future care needs
- Rehabilitation
- Treatment
- Any specialist support required
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