If your child has Erb's Palsy due to medical negligence during birth, you could be entitled to make an Erb's Palsy compensation claim.
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Erb’s Palsy Claims
Erb’s palsy is a condition that causes partial or complete paralysis of the arm due to damage to the brachial plexus nerves, usually during childbirth. When this injury occurs because of medical negligence, you may be entitled to make an Erb’s palsy claim.
Besides physical disability, living with Erb’s palsy can cause emotional and psychological distress to the child and their family. A successful claim can help cover pain and suffering, treatment costs, long-term care and other financial losses linked to the condition.
To find out if you have a valid compensation claim, enter your details into our online claim form or call 0800 470 0472 to speak to a friendly legal adviser.
Key points about Erb’s palsy claims
- Eligibility: You may be able to claim if your child developed Erb’s palsy due to avoidable birth injury or poor medical care.
- Medical Duty of Care: Midwives and doctors must follow accepted procedures during childbirth to avoid nerve damage.
- Time Limit: Claims on behalf of a child can be made at any point before their 18th birthday. Afterwards, they generally have 3 years to make the claim themselves.
- Compensation: Can cover long-term care, treatment costs, pain and suffering, impact on quality of life, and loss of future earning capacity.
- No Win, No Fee: Your solicitor will pursue your case on a no win, no fee basis, so you pay nothing unless compensation is awarded.
Table of Contents
Can I make an Erb’s Palsy claim?
Yes, you can make an Erb’s palsy compensation claim if you can show that:
- The defendant owed you a legal duty of care.
- They breached their duty by committing an act of negligence or wrongdoing.
- You or someone you love was diagnosed with Erb’s palsy as a result of that negligence.
- You are within the legal time limit for starting a claim.
If you want to make an Erb’s palsy claim, a free consultation with a legal adviser is the easiest way to find out whether you have grounds to take legal action.
You could also make a birth injury claim on behalf of a child with Erb’s palsy. To claim on their behalf, your solicitor will first help you apply to be named as their litigation friend by the court.
Who is liable in Erb’s Palsy compensation claims?
Most claims for Erb’s palsy are medical negligence claims made against the NHS or a private healthcare provider. To have a valid medical negligence case, the following must be proven:
- Your doctor or midwife had a duty of care to provide a reasonable standard of care as expected from a skilful and competent professional with the same level of training under the same circumstances.
- They breached their duty of care towards you or your child by failing to do something within their responsibility or doing something they should not have done.
- There is direct and foreseeable causation between the substandard care they provided and the Erb’s palsy diagnosis.
- The Erb’s palsy injury caused pain, suffering and financial damages.
In adults, Erb’s palsy may occur due to brachial plexus injuries caused by a road traffic accident, industrial accident, criminal assault or other traumatic accidents. In such cases, liability for Erb’s palsy compensation could fall on:
- An employer who failed to protect your health and safety at work.
- A road user who acted carelessly or failed to follow the traffic laws.
- Occupiers or property owners who failed to maintain their premises.
- The Criminal Injuries Compensation Authority (CICA) in cases of criminal acts.
What is the time limit to make an Erb’s Palsy claim?
Claims for Erb’s palsy compensation are usually made on behalf of children whose injury was caused by medical negligence. In these cases, a claim can be made by a parent or legal guardian at any time before the child’s 18th birthday.
There is generally a 3-year time limit to make a personal injury claim following an accident that caused damage to the brachial plexus, with a few exceptions:
- If the claimant lacks mental capacity under the Mental Capacity Act 2005, a litigation friend could represent them at any time.
- If you suffered a brachial plexus injury due to a gunshot, knife wound or another criminal assault, you normally have two years to make a claim through the CICA.
- If your injury was due to a military accident, you usually have seven years to claim Erb’s palsy compensation through the Armed Forces Compensation Scheme (AFCS).
How do I make a claim for Erb’s Palsy caused by medical negligence?
If you want to claim compensation for Erb’s palsy, the first thing you should do is seek legal advice from a specialist medical negligence solicitor. They will assess whether negligence occurred and gather evidence to establish the legal basis of the claim, such as:
- Your medical records from your GP and the hospital.
- Labour and delivery notes.
- Medical reports from independent professionals in the field.
- Witness statements from friends, family and medical staff.
- Photographs of any visible injuries.
- Your notes about how you think the injury occurred and how it has affected your lives.
- Evidence of any financial losses and expenses you incurred due to the condition.
Your solicitor will take care of the legal documents and calculate how much Erb’s palsy compensation you may be entitled to receive for your damages. They will then contact the defendant to negotiate an appropriate settlement on your behalf.
How much compensation for Erb’s Palsy could I claim?
Each claim is unique, and your solicitor will look into your case in detail to help you pursue the compensation you are entitled to receive. Your Erb’s palsy compensation claim will cover two types of damages:
Special damages are the compensation for economic losses, such as:
- Physical therapy and other medical treatments.
- Lost wages and loss of employment opportunities.
- The cost of special equipment or home adaptations.
- Private tutoring for your child.
- Cost of care and assistance, even if given by friends or family.
General damages are the compensation you receive for subjective losses, such as:
- Physical pain and suffering.
- Emotional and psychological trauma.
- The impact of Erb’s palsy on your child’s life.
- Reduced quality of life and loss of amenities.
- Loss of ability to enjoy life and independence.
According to 18th Edition of the guidelines published by the Judicial College, you could receive the following compensation for general damages, depending on the type and severity of your injury:
| Injury Type | Description | Compensation |
|---|---|---|
| Shoulder Injuries | A severe shoulder injury causing significant neck and/or arm symptoms | £25,000 - £63,000 |
| A serious shoulder injury causing permanent symptoms | £17,000 - £25,000 | |
| A moderate shoulder injury with limited movement and discomfort for more than two years | £10,000 - £17,000 | |
| A minor shoulder injury recovering fully within 1-2 years | £5,800 - £10,000 | |
| Wrist Injuries | A serious wrist injury causing significant permanent disability, but with some useful movement remaining | £32,000 - £52,000 |
| Elbow Injuries | An elbow injury causing some long-term problems, including impaired function. | £21,000 - £42,000 |
| General Psychiatric Damage | Psychiatric damage affecting life, education, work and relationships, but with good improvement and prognosis | £7,700 - £25,000 |
How much will it cost to hire a medical negligence solicitor?
If you have grounds to make a claim, a specialist Erb’s palsy solicitor will offer you a no win no fee service, also known as a conditional fee agreement. This offers you a series of unique advantages, such as:
- You can start a claim regardless of your current financial situation.
- You can take legal action without taking any financial risks.
- Your solicitor will offer you free support and advice throughout the claiming process.
- If your claim fails, you will not have to pay a single penny to your solicitor.
- If you win, your solicitor may deduct up to 25% of certain parts of your compensation as a success fee for their work.
FAQs About Erb’s Palsy Claims
The paralysis can be temporary and resolve on its own, but many cases require medical treatment. In the most severe cases, paralysis is permanent.
The brachial plexus is a group of nerves that provide feeling and control to the muscles in the hand, arm and shoulder. If a brachial plexus injury occurs at birth, it often leaves the child with stunted growth in the affected arm and causes:
- Impaired muscular development, which leads to weakness and mobility issues.
- Impaired circulatory development, which can leave the arm with almost no capacity to regulate its temperature and reduce the healing ability of the skin, increasing the risk of infections.
- Impaired nervous development, which causes various degrees of loss of sensory perception.
- Neuropraxia is the most common type and occurs when the nerves are stretched or bruised but not torn at all. It can cause a burning or stinging sensation and usually resolves on its own within the first three months after birth.
- A neuroma is when a nerve injury has healed but left scar tissue that places pressure on the other healthy groups of nerves. The scar tissue prevents the nerves from properly conducting signals to the muscles, which may result in partial recovery.
- Ruptures occur when the brachial plexus nerve is torn and requires surgery to graft the damaged nerve fibres back together.
- Avulsions occur when the nerve is completely torn from the spinal cord. While surgery may help to some extent, the affected nerve cannot be reattached to the spinal cord and may cause permanent paralysis. It can also cause difficulty breathing, small pupils and drooping eyelids.
Although it is not always possible to predict it, several risk factors can heighten the risk of shoulder dystocia and the child suffering from Erb’s palsy, including:
- Gestational diabetes.
- Using a forceps or vacuum extractor.
- Induced labour.
- A small or abnormal maternal pelvis shape.
- Large infant size or high birth weight.
- The second stage of labour lasts over an hour.
- More than 42 weeks of gestation.
- Being over 35 years old or short in stature.
- Babies in breech position.
Medical professionals are expected to recognise whether you are likely to have problems during birth and recommend a caesarean section or other preventive measures. If your child’s Erb’s palsy was caused by their negligence, you could make a compensation claim.
Erb’s palsy in adults
Erb’s palsy can also occur in adults due to brachial plexus injuries sustained in a variety of accidents, such as:
- Road traffic accidents, most often involving motorbike accidents.
- Accidents at work.
- Sports injuries.
- Surgical negligence.
- Industrial accidents.
- Knife wounds and other criminal injuries.
- Muscular atrophy
- Numbness or tingling in the hand or arm
- A limp arm and inability to grip
- Loss of sensory and motor function
- Partial or total arm paralysis
- Weakness in one arm
- Inability to lift the arm away from the body or bend the elbow
- A typical hand position, known as the waiter’s tip position
It is essential to contact your doctor if your child shows any of the above symptoms. The earlier you get a diagnosis, the sooner your child can get treatment to improve movement and muscle tone.
- An electromyogram (EMG) measures the electrical activity of a muscle in response to a stimulus and how fast the impulse is conducted along the nerve fibre.
- Imaging tests such as an MRI, CT scan, ultrasound or X-rays.
- A myelogram to show the spinal cord, nerves and nerve roots.
Based on the severity of the nerve injury, some babies may recover without any specialist intervention. When necessary, your healthcare professional will recommend the appropriate treatment.
- Physical therapy. Physical therapy is one of the main treatments for a brachial plexus injury and can begin as early as three weeks old.
- Occupational therapy. Occupational therapy helps children develop the strength and skills needed for everyday activities.
- Hydrotherapy. Hydrotherapy takes place in water, making exercises less painful and easier to perform.
- Neuromuscular Electrical Stimulation. This uses electrodes to stimulate muscle growth and improve circulation.
- Surgery. Surgical options may include nerve grafting, nerve transfer or nerve decompression if recovery does not progress.
- Difficulty carrying out everyday activities.
- Restricted career options and reduced earning capacity.
- Ongoing need for medical treatment or care.
- Loss of independence and financial strain.
- Emotional and psychological effects.
If Erb’s palsy was caused by negligence, you may be able to claim compensation for the lifelong physical, emotional and financial impact.
To find out if you have valid grounds to take legal action, you can enter your details into our online claim form or call 0800 470 0472 to speak to a legal adviser.
