Erbs palsy claims

Erb’s palsy claims are a type of birth injury case brought forward when a child has suffered nerve damage to the brachial plexus as a result of negligent care during labour or delivery. The brachial plexus is a network of nerves near the neck that controls movement and sensation in the shoulder, arm, and hand, and when it is damaged at birth, the consequences can range from temporary weakness to permanent loss of function in the affected limb.

The condition is also known as brachial plexus birth palsy, and it most commonly occurs when excessive force or stretching is applied to the baby’s neck during a difficult delivery. This can happen in cases involving shoulder dystocia, a larger than average baby, or prolonged or assisted labour where instruments such as forceps or ventouse are used. While some children recover with physiotherapy, many are left with lasting difficulties that affect their development, independence, and quality of life.

A parent or legal guardian can make an erb’s palsy compensation claim on behalf of their child if the injury was caused by failures in maternity care. It’s also possible for a mother to bring a separate claim in her own right if she experienced harm or poor treatment during the birth.

A parent or legal guardian can bring an Erb’s palsy compensation claim on behalf of their child at any point before the child turns 18. After that, the child has three years from their 18th birthday, until their 21st birthday, to bring a claim in their own right. We’d always recommend getting in touch as soon as possible. Acting early means evidence is more readily available, medical records are easier to obtain, and where appropriate, interim payments can be secured to fund treatment and support while the claim is ongoing.

The time it takes to resolve an Erb’s palsy claim depends on the complexity of the case and whether liability is admitted. Straightforward cases can sometimes be resolved within a few years, while more complex cases involving disputed liability or detailed medical evidence can take considerably longer. Whatever the timescale, our team will make sure you’re never left wondering where things stand. We’ll keep you updated throughout and work to progress your case as efficiently as possible, including exploring interim payments where appropriate so your child can access the care they need while the claim is ongoing.

The first step is to get in touch with our team for a free, no-obligation consultation. We’ll listen to what happened during your child’s birth, answer your questions, and give you an honest assessment of whether we think you have an erb’s palsy compensation claim worth pursuing. If we take on your case, we’ll request the relevant medical records and maternity notes, work with specialist clinical experts to assess the standard of care, and build a thorough case on your child’s behalf. All erb’s palsy claims at Fletchers are handled on a no win no fee basis, so there is no financial risk to your family in taking that first step.

The majority of Erb’s palsy compensation claims are resolved through negotiation and settle before reaching court. However, if the other side disputes liability or refuses to make a fair offer, court proceedings may become necessary. If that happens, our specialist team will prepare thoroughly and support your family every step of the way. We’ll always be straightforward with you about the likelihood of court proceedings well in advance, and we’ll make sure you understand what to expect if it comes to that. Whatever the outcome, you won’t be facing it alone.

Erb’s palsy affects children differently depending on the nature and severity of the nerve damage.

Common symptoms include:

Weakness in one arm

• Loss of sensation in the affected limb
• Partial or complete paralysis of the arm
• The affected arm held in a “waiter’s tip” position
• Reduced grip strength
• Delayed development of arm and shoulder muscles

If your child has been diagnosed with any of these symptoms following a difficult birth, our team can help you understand whether you may have grounds for an Erb’s palsy compensation claim.

An Erb’s Palsy claim aims to provide the financial support your child needs now and in the future. This may include:

• Cost of ongoing physiotherapy or rehabilitation
• Expenses for surgical treatment or medical care
• Aids and equipment to improve daily life
• Home adaptations or transport modifications
• Loss of future earnings for the child if the condition impacts their career
• Care costs if care is required
• General damages for pain, suffering and loss of amenity

We work closely with medical and financial experts to ensure every aspect of your child’s needs is considered and reflected in the final settlement.

In Sally’s case, our expert team investigated the circumstances of Sally’s birth to establish whether her injury was caused by medical negligence. A complex case, we obtained Sally’s medical records and sought expert medical evidence to support the Erb’s palsy compensation claim. It was found that excessive force had been applied during the instrumental delivery and that this had caused Sally’s brachial plexus injury.

We supported Thomas’ family after he suffered a lifelong Erb’s Palsy injury at birth. Our specialist team investigated the injury, and it was found that it was caused by avoidable errors made during delivery. The hospital acknowledged responsibility, and we successfully negotiated a substantial settlement, which will give Thomas lifelong financial security.

We helped Megan, a young girl who suffered severe Erb’s Palsy after her mother’s cardiac arrest due to a mismanaged epidural. Megan’s case was complex, involving obstetric, anaesthetic, and surgical expertise to prove that medical negligence caused the emergency delivery leading to her condition.