Erb’s palsy is a nerve condition that affects around 1 in 200 births. The condition is sometimes unavoidable, but medical negligence can also be at fault for its development. If your child has been impacted by substandard medical care, then there may be grounds to claim compensation. We understand that you may be unsure about your family’s options, which is why we’ve created this guide on making Erb’s palsy claims.
In this guide, we begin by looking at the eligibility criteria for making a claim. You can then find information on the causes of Erb’s palsy and why medical negligence is sometimes responsible. We will also discuss what factors may be considered when calculating compensation and how it can help your family.
Then, we take you through the process of making Erb’s palsy compensation claims and what evidence may be needed. Finally, we will show how the team at Legal Expert can help.
Our specialist solicitors have years of experience supporting families affected by medical negligence across the country. To learn more and get information on making a birth injury claim, please:
- Call 0800 073 8804.
- Begin a claim online.
- Talk to us using our live chat.
Jump To A Section
- What Are Erb’s Palsy Claims?
- Can I Claim For Erb’s Palsy Compensation On Behalf Of My Child?
- Average Settlements In Erb’s Palsy Compensation Claims
- What Can Erb’s Palsy Compensation Help With?
- How To Make An Erb’s Palsy Claim?
- Get Help From Legal Expert
- Learn More
What Are Erb’s Palsy Claims?
Erb’s palsy claims are a way for those to seek compensation if medical negligence led to this birth injury. The condition is a type of brachial plexus palsy, also known as obstetric brachial plexus palsy, which results from the nerves in the brachial plexus being stretched or torn.
In order to claim compensation for harm caused by negligent medical care, it must be shown that:
- A medical professional or healthcare provider had a duty of care to your child. This duty is automatically owed to any patient under the care of a medical professional.
- This professional failed to meet their duty of care, falling short of minimum expected professional standards.
- The failure to meet their duty of care resulted in avoidable harm.
What Causes Erb’s Palsy?
Erb’s palsy is sometimes caused by a baby’s neck being stretched to the side during childbirth. This may occur due to shoulder dystocia, where the baby’s shoulder gets stuck in the mother’s pelvis after the baby’s head is delivered.
In some cases, medical negligence may lead to Erb’s palsy:
- Excessive force – A midwife or doctor may pull too hard or use an improper technique (such as tugging or twisting) during a delivery.
- Birth assisted tools – A medical professional who improperly uses forceps can cause avoidable nerve damage, leading to Erb’s palsy.
- Failure to monitor size/position – A healthcare provider who fails to adequately monitor a baby might miss the signs that a Caesarean is needed. This failure could result in otherwise preventable nerve damage in the affected arm.
We must note that not all instances of Erb’s palsy may be due to negligence. During obstetric emergencies or difficult births where there is foetal distress, there may be a need for a fast delivery to save a baby’s life. The speed of delivery may lead to the baby developing Erb’s palsy.
What Injuries Can Erb’s Palsy Cause?
There are several injuries which can cause Erb’s palsy, including:
- Paralysis/Muscle weakness – Persistent weakness in an arm or paralysis which limits movement.
- Loss of sensation – Where sensation in the hand or arm is reduced or where there is numbness.
- Contractures and/or joint stiffness – Where movement is restricted.
- Ongoing pain – May present as pain, tingling, or discomfort.
According to the NHS, in 80-90% of Erb’s palsy cases, the affected child will make a full recovery.
How Is Erb’s Palsy Treated?
Treatment focuses on restoring sensation and movement in the baby’s arm. Medical treatment may include:
- Rest and support – Involves supporting the baby’s arm, minimising shoulder movement as much as possible.
- Physiotherapy – After 5 days, gentle exercises can be used to help stimulate the feeling of normal movement, avoid joint stiffness, and prevent the muscles from becoming short. Parents may be taught exercises to carry on performing at home.
- Surgery – If needed, surgery may be carried out on the nerves or the shoulder.
- Regular assessment – Ongoing monitoring and regular assessments may be carried out by medical professionals.
You can learn more about Erb’s palsy claims by contacting our team. Our advisors are on hand 24/7 and can answer any questions about medical negligence claims you might have.
Can I Claim For Erb’s Palsy Compensation On Behalf Of My Child?
Yes, so long as your child’s case meets the eligibility criteria previously outlined. If those criteria are met, you can make a claim for Erb’s palsy compensation on their behalf at any point prior to them turning 18.
In medical negligence claims, children cannot legally pursue compensation on their own. So, in order to make a claim on behalf of your child, you will need to act as their litigation friend. If you are approved by the courts, you would perform various duties in the case in the best interest of your child. Alternatively, another loved one or a suitable adult, like a solicitor, can fill the role.
If your child suffered an Erb’s palsy injury as a result of substandard medical care, we can help you claim compensation. Contact us to see if you can be connected to a specialist hospital negligence solicitor today.
Average Settlements In Erb’s Palsy Compensation Claims
According to 2022/23 data from NHS Resolution, the average compensation for an Erb’s Palsy negligence claim is £809,485. However, this figure doesn’t account for claims made against the private healthcare sector. The Judicial College Guidelines (JCG) suggest that compensation for severe arm injuries could range between £117,360 and £159,770.
The JCG is a document which collates compensation brackets for different forms of harm, which is covered under a head of claim called general damages. A solicitor may use this publication to help put a value on the harm that someone has endured.
In the table below, we take figures (with the exception of the headline amount) from the JCG. These figures are for guidance only and do not represent any guarantee of success in Erb’s palsy compensation claims.
| Harm | Severity | Damages |
|---|---|---|
| Multiple severe forms of harm + special damages, such as for medical care. | Severe | Up to £500,000+ |
| Arm | Severe | £117,360 to £159,770 |
| Neck | Severe (ii) | £80,240 to £159,770 |
| Severe (iii) | £55,500 to £68,330 | |
| Moderate (i) | £30,500 to £46,970 | |
| Moderate (ii) | £16,770 to £30,500 | |
| Paralysis | Shorter durations | £60,210 |
| Shoulder | Severe | £23,430 to £58,610 |
| Serious | £15,580 to £23,430 |
How Is Compensation Determined For Erb’s Palsy Claims?
Compensation can be determined by a range of factors. As touched on above, general damages compensate for your child’s pain and suffering. This head of claim may take into account the severity of harm suffered, what the overall prognosis is, and if there is any long-term impact.
Please get in touch with our team for further information on compensation and to see if your family can be connected to a specialist Erb’s palsy lawyer.
What Can Erb’s Palsy Compensation Help With?
Successful Erb’s palsy compensation claims can help meet your child’s immediate needs and provide valuable support over the long term. If you are the parent of a child with Erb’s palsy, you already know the potential for far-reaching financial losses, ranging from expensive medical treatments to lost income.
Medical negligence claims can help recover such losses under special damages. So long as there is evidence like bank statements and wage slips, special damages can cover costs like:
- Lost earnings – You may have taken extended time off work or given up your job entirely to care for a child’s Erb’s palsy. Compensation can include past and future losses.
- Medical care – Your child may need surgical procedures to repair nerves or transfer muscles. They may also need long-term medical assistance or medications.
- Care – May include care in the home, physiotherapy, or other support services.
- Home/Car – Accessibility improvements can range from home automation to installing ramps and stairlifts.
- Equipment – Erb’s palsy compensation can also recover costs related to mobility aids like wheelchairs and assistive technology, such as specialised computers.
Interim Payments
In addition, it may be possible to secure an interim payment to cover immediate costs, such as urgent medical treatment or specialist care. Interim payments aim to help with such costs by giving an advance on a part of the compensation before the claim is settled.
To be eligible for an interim payment, it will need to be clearly shown what the funds are needed for and why they are necessary. Interim payments are only possible if the other party has accepted liability, or it is likely that the claim will be won.
Would you like more information on special damages and interim payments? Our advisors are here to help, so please don’t hesitate to get in touch.
How To Make An Erb’s Palsy Claim?
To have the best chance of winning Erb’s palsy compensation, a claim needs to have sufficient evidence showing how it meets the eligibility criteria. The following can be beneficial in helping prove a claim:
- Copies of medical records, which could provide insight into a doctor’s or midwife’s negligence. These records can include details of the Erb’s palsy diagnosis, treatments given, and the overall prognosis.
- Witness contact details. A solicitor may use these details to help collect statements on behalf of the Erb’s palsy claim.
- Correspondence relevant to the claim, such as letters and emails with medical institutions that treated your child.
Our solicitors aim to make the process of proving a claim as stress-free as possible. Mindful of that, every solicitor at Legal Expert has ample experience with securing the evidence needed to support a claim.
Time Limits
Alongside evidence, Erb’s palsy negligence claims must also be filed within a defined time limit. In general, medical negligence claims have 3 years to be started, as set by the Limitation Act 1980.
However, as we mentioned earlier, children cannot claim for themselves, so the 3-year time limit is paused until they turn 18. To start a claim while time limits are frozen, you can take on the role of a litigation friend that we mentioned earlier in this article.
This pause also applies to adults who are mentally incapacitated, as they are also not able to seek compensation on their own. In such cases, the usual 3 years will only take effect if their mental capacity returns, and will be dated to the time of recovery. Otherwise, they can also be represented by a litigation friend while time limits are suspended.
To learn more about the medical negligence claims process and being a litigation friend, please contact a member of our helpful team.
Get Help From Legal Expert
At Legal Expert, we understand that medical negligence can have far-reaching consequences and can affect any family. Our solicitors have decades of combined experience and have already helped secure over £80 million in compensation for people across the country.
As experts in medical negligence claims, our team will always be there to give whatever support is needed. That support will be clear from the outset and will carry on throughout the claims process, from explaining unclear jargon to connecting your family with specialists.
Our experienced medical negligence solicitors can also take on claims under a Conditional Fee Agreement (CFA). When working under a CFA, the solicitor will only charge a fee for their work if the claim is successfully resolved. That means no upfront or ongoing solicitor fees, and none at all if the claim doesn’t win.
If compensation is won, then the solicitor would deduct a small and legally capped percentage of the compensation as a success fee. This success fee is for their work, pre-agreed, and set out in the CFA.
Contact Us
For more information about Erb’s palsy claims and to discuss your family’s options, please contact us using the details below:
- Phone 0800 073 8804.
- Talk to us live using our online chat.
- Begin a claim online.
Learn More
You can learn more about medical negligence claims in the following resources.
- Get further information on claiming for a birth injury to a mother.
- Look at medical negligence claims dealing with misdiagnosis.
- Learn more about gynaecology negligence claims.
Medical negligence references:
- NHS advice on labour and birth.
- Government information on pregnancy and birth.
- NHS guidance about shoulder dystocia.
Our guide to Erb’s palsy claims has ended, but please don’t hesitate to get in touch with our team for further guidance.
