Erb’s Palsy Compensation Claims
Erb’s palsy (also known as ‘brachial plexus palsy’) is a type of birth injury caused by damage to the nerves of the upper arm during delivery. It can cause full or partial paralysis of the arm and will usually require on going specialist treatment with the potential for life-long consequences.
Can I claim compensation for Erb’s palsy caused by medical negligence?
You can claim compensation for Erb’s palsy caused by medical negligence if it can be proved that the medical care you received during childbirth fell below the expected reasonable standard, and that this caused a brachial plexus injury leading to Erb’s palsy. Erb’s palsy is a condition leading to weakness and loss of motion in the affected arm.
In some cases, Erb’s palsy can have permanent, life-changing affects, and a birth injury solicitor can help with a claim for things like the cost of treatment and the cost of care.
Damage to the brachial plexus – a group of nerves close to the neck – can happen as part of childbirth because the neck of the infant is stretched during the delivery. You may be able to make an Erb’s palsy compensation claim if the damage happened because excessive force was used, or the medical practitioners made poor decisions about the delivery.
Erb’s palsy compensation claims also sometimes happen because medical practitioners involved in a birth fail to spot the symptoms of Erb’s palsy quickly enough, causing a delay in treatment and a poorer prognosis for recovery. Other examples of negligence include the risk of Erb’s palsy not being planned for or properly discussed with the mother when discussing birthing options, and established protocols not being followed.
What are the common causes of Erb’s palsy during childbirth?
The common causes of Erb’s palsy during childbirth include shoulder dystocia – which involves the baby’s shoulder getting stuck behind the pubic bone after the head has emerged – complications caused by breech birth and the use of excessive force. Erb’s palsy compensation claims are based on negligent treatment including the following:
- A medical practitioner pulling or twisting the baby with too much force during a difficult delivery
- The wrong use of medical tools like forceps and vacuum extraction leading to injury during birth
- Failing to monitor the size of a baby during the pregnancy and not offering a Caesarean section for a larger baby or one in a breech position
- Failing to review the size of a baby in pregnancy when the mother has a smaller pelvis, something which increases the risk of the baby getting stuck during delivery
- Failing to take into account any prior history of the mother giving birth to a baby suffering shoulder dystocia
In some cases, a baby will recover relatively quickly without needing treatment, but in other cases, the baby will be left with a permanent disability calling for specialist treatment.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
How to start an Erb’s palsy negligence claim
If you think your baby may have suffered Erb’s palsy due to negligent treatment during delivery, you should start a claim as quickly as possible. The earlier you take legal advice from the expert team at Wolferstans, the more likely your compensation claim is to be successful.
We’ll undertake a free consultation to advise you as to whether you have a potential Erb’s palsy compensation claim. If you do, then we’ll set about gathering the evidence needed to build a successful claim.
If you’re making an Erb’s palsy compensation claim on behalf of your child then you have until their 18th birthday to make the claim. If the claim hasn’t been made by this time, then your child will have three years – from their 18th birthday to their 21st – during which they can make a claim on their own behalf.
When you claim for Erb’s palsy compensation with Wolferstans we’ll provide empathetic support as well as expert legal advice, guiding you through the sometimes daunting process one step at a time. Our clear, jargon-free communication will ensure that you always have complete clarity regarding how your claim is progressing.
How much compensation can you claim for Erb’s Palsy?
The compensation awarded in an Erb’s palsy compensation claim can be broken down into general damages and special damages. In the more serious cases – involving long term care and medical treatment – the total compensation could amount to more than £200,000
General damages
General damages are calculated on the basis of the pain and distress caused by the Erb’s palsy and the extent to which it stops the affected person living a full life. The figure will be based on guidelines set out in the Judicial College Guidelines (JCG), a publication which offers possible compensation figures for all types of personal injuries.
The grading of an injury as ‘severe’ or ‘serious’ will depend upon the permanent impact of the injury, the longer term prognosis and whether a full recovery is expected.
Special damages
Special damages are awarded to compensate for the financial impact of Erb’s palsy. The figure is intended to return the claimant to the financial position they would have been in if the injury had never happened.
Other expenses covered by special damages include the following:
- The cost of any medical treatment needed, and the predicted costs for the future
- The cost of any care which has to be provided because of the Erb’s palsy
- The cost of any specialised equipment which needs to be purchased because of Erb’s palsy – i.e. if a child is left with a permanently paralysed or disabled arm
- The cost of any adaptations which have to be made to a home because of the impact of Erb’s palsy
- Travel costs directly related to the Erb’s palsy, such as the cost of travelling to and from medical appointments
- The costs of any therapy needed to deal with the Erb’s palsy in the longer term
- Loss of earnings if the injury affects the job that the Claimant will be able to have in the future
We advise our Erb’s palsy compensation claim clients to keep detailed records of all expenses which might be included in special damages, including receipts and an account of care provided by family or friends. Care offered free of charge in this manner is often included when calculating the final compensation total.
How long does an Erb’s palsy claim take?
The typical timeline for an Erb’s palsy compensation claim can be several years from first call to settlement. The exact amount of time will vary depending upon factors such as:
- Whether the defendant admits liability
- The seriousness of the Erb’s palsy and the complexity involved in ascertaining the degree and impact of the injury
- The amount of rehabilitation needed
- Whether long term care has to be provided
- Whether the claim has to be decided in court
We settle the vast majority of Erb’s palsy compensation claims without having to go to court, using our expertise in dispute resolution to negotiate a fair settlement without the stress of a court appearance.
In more complex cases – those in which liability is admitted, but the compensation takes longer to calculate – we will apply for interim payments to enable your child to access any care and specialist treatment they need until the final compensation is paid out.
Interim payments of this kind, combined with our hands-on and supportive approach, mean that the complexity of an Erb’s palsy compensation claim should never discourage you from seeking the compensation you’re entitled to.
What evidence is needed to prove medical negligence that led to Erb’s Palsy?
The evidence needed to prove medical negligence in an Erb’s palsy compensation claim will show the following:
There was a breach in the duty of care owed to the patient by the relevant medical professional. This means that the professional failed to meet a reasonable standard of skill and care when compared to any other expert in their field.
This breach led to the Erb’s palsy suffered – a principle known as causation
When working on an Erb’s palsy compensation claim the experts at Wolferstans set about gathering the evidence need to demonstrate a breach of duty and causation will include the following:
- The statement of independent medical experts we’ll hire to evaluate the Erb’s palsy, including the extent of the injury and the likelihood of it having been caused by negligence
- Your own witness statement, covering the pregnancy, the delivery, and your experiences since the birth of your child
- Witness statements from anyone else present during the delivery
- Your own medical records, including those dealing with the pregnancy, hospital records and any delivery notes. Our independent medical experts will also assess your record and deliver an opinion on the standard of care received.
In the case of Erb’s palsy, an evaluation might include highlighting when a Caesarean-section should have been offered, or the point at which excess force was used to deliver the baby.
The medical records of your child, detailing the diagnosis of Erb’s palsy and any treatment which has been required
Our experience of handling Erb’s palsy compensation claims means that we’ll know exactly the right medical expert or experts to work with on your behalf. We’ll also be able to provide regular estimates of the time we expect your compensation claim to take and the amount of compensation we estimate you should receive.
Support At Every Stage
From your first enquiry to the final outcome, you’ll have a dedicated team of specialists guiding you through the entire process.
We’ll explain everything clearly so you understand exactly what’s going on at any point in time, answer your questions, address possible concerns, and help you get the care and support you need while your claim is ongoing.
What support services are available and what are the long-term impacts of Erb’s palsy?
Although, in some cases, babies can naturally recover from Erb’s palsy in a few weeks or months it’s also possible that it can have long term and severe impacts. When the nerve injury is sufficiently serious Erb’s palsy could represent a life-long disability.
Coming to terms with the fact that your child has serious Erb’s palsy could place a huge emotional strain upon you as parents, particularly if the condition was initially caused by the negligence of medical practitioners in whom you placed a great deal of trust. It could also have a negative financial impact if you need to take time off work to care for your child, attend medical appointments and deal with adapting your living space.
Making an Erb’s palsy compensation claim with Wolferstans is about seeking the money you need to put your life back on track, but the money isn’t everything. A successful compensation claim will also provide recognition of the way in which you and your family have been let down, and will give you the peace of mind of knowing that any care or medical needs your child has can be met.
As well as providing legal expertise our compensation claim team will be able to offer support and flag up some of the help which is available. We’ll be able to advise on your rights when dealing with special educational needs coordinators (SENCOS) once your child attends school, and point you in the direction of organisations such as the Erb’s Palsy Group, a support group for those affected by Erb’s palsy, and the Birth Trauma Association, which supports any women and families who have experienced birth trauma.
Why choose Wolferstans for your Erb’s palsy claim?
You should choose Wolferstans for your Erb’s palsy claim because we combine expertise in medical negligence claims with a commitment to empathetic support and a strong track record of securing substantial compensation for our clients.
We know exactly how to gather the evidence needed to prove negligence in Erb’s palsy cases and do all the work needed on a no win no fee basis.
That means you don’t have to pay anything up-front and can pursue a fair settlement without having to worry about legal fees or surprise costs. We only ever take any payment – in the form of a success fee – if your Erb’s palsy compensation claim is successful, and even then you’ll get to keep the majority of every penny you’re given.
From first contact we’ll communicate with you in clear, jargon-free language, keeping you fully informed and answering any questions you have through every stage of the process. We’re accredited by the Law Society for Clinical Negligence and Lexcel accredited for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
If you think you’ve been the victim of medical negligence leading to Erb’s palsy then contact us today and we’ll work by your side to claim the compensation that could help you and your child to lead the fullest possible life.
Frequently asked questions
What is Erb’s palsy?
Erb’s palsy is a birth injury which causes weakness or paralysis in the arm of a baby. It happens because nerves in the shoulder and neck are damaged during delivery, often because the baby’s arm is stretched or twisted. In some cases it heals quickly but in others it can cause long term damage and even life-long disability.
How long do I have to make an Erb's Palsy claim?
In the majority of cases you have until the 18th birthday of your child to make an Erb’s palsy compensation claim on their behalf. If you don’t make a claim then your child will be able to make a claim during the three years from their 18th birthday to their 21st. Exceptions to this three year rule include if your child lacks the ‘mental capacity’ to pursue a claim.
Can I claim if the injury happened at an NHS hospital?
Yes, you can make a claim if an injury caused by medical negligence happens in an NHS hospital. Most claims of this kind are made because people feel that a medical professional working for the NHS failed in their duty of care, and the NHS has an arms-length body called Resolution which is dedicated to dealing with such claims.
Will I have to go to court?
In the majority of cases you won’t have to go to court when making an Erb’s palsy compensation claim, as most UK medical negligence cases are settled out of court. We specialise in the kind of dispute resolution and mediation techniques which are likely to ensure that this is the case, though if your claim does go to trial we have the expertise to represent you throughout.
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