Erb’s Palsy 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.

If you believe your child is suffering from Erb’s palsy as a result of negligent care during their birth, you may be able to claim compensation. This can give you the funds to ensure your child gets the best possible treatment and support, so they are able to live a full and happy life.

Wolferstans’ medical negligence solicitors have strong experience with Erb’s palsy claims, with the specialist knowledge to achieve the best possible outcome, no matter how complicated the situation. We have a track record of securing substantial damages for our clients, including arranging interim payments while the case progresses to ensure your child immediately gets all the care they need.

Wherever possible, we will look to resolve your claim out of court, relying on our strong expertise in non-confrontational dispute resolution. This not only allows you to avoid the stress and uncertainty of a court hearing, it also means we can usually resolve your claim faster and at lower cost.

Due to our particular experience with Erb’s palsy claims, we can offer a highly accurate valuation of your claim. This can be essential to ensure you do not settle for less than you may be entitled to – something that can be a significant risk with less experienced firms.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 648895.

Our Erb’s palsy compensation claims service

We help clients with Erb’s palsy compensation claims throughout England and Wales, including those involving:

  • Failure to identify risk factors for shoulder dystocia
  • Failure to carry out a caesarean section in a timely fashion to avoid shoulder dystocia
  • Failing to follow established procedures for shoulder dystocia, leading to inappropriate traction and damage to the brachial plexus nerves
  • Substandard aftercare following shoulder dystocia
  • Misdiagnosis or late diagnosis of brachial plexus nerve damage leading to a delay in treatment

Read about some of the cases we have successfully pursued in relation to Erb’s palsy claims.

How Erb’s palsy claims work

Our clinical negligence lawyers will provide sensitive, highly practical guidance for every stage of the claims process, keeping this as simple and straightforward as possible for you and your family.

A typical Erb’s palsy compensation claim will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding an Erb’s palsy compensation claim

For the majority of our clients, the simplest and most attractive way to fund an Erb’s palsy claim is with a ‘no win, no fee’ deal, also known as a ‘conditional fee agreement’.

With a no win, no fee Erb’s palsy claim, you do not need to pay anything towards your legal fees and expenses to start a claim. In fact, you will only contribute towards these costs if your claim is successful, with our fees being based on a percentage of any compensation secured.

Alternatively, you may be able to fund the cost of an Erb’s palsy compensation claim uses legal expenses insurance. This is sometimes offered as an optional extra with home insurance, as well as some bank accounts and credit cards, so may be worth considering if available.

Erb’s palsy claims may also be eligible for Legal Aid funding, depending on the circumstances. Knowing whether Legal Aid is available and if it is the right option for you can be complicated, so please speak to a member of our team to discuss this.

The important thing is not to be put off by concerns about cost at the outset – if we believe you have valid grounds for a claim, we will find a way to help you fund it.

To discuss your options for covering the cost of an Erb’s palsy claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in Erb’s palsy claims

Our medical negligence lawyers have been supporting clients with Erb’s palsy compensation claims for many years, achieving success under even the most challenging circumstances. Having secured substantial settlements for a wide range of clients, we can ensure no detail is missed and that your case is built effectively from day one.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society 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.

Find out more about our medical negligence claims team.

Common questions about Erb’s palsy compensation claims

With any type of birth injury, you will typically have until your child turns 18 to bring a claim on their behalf. If this is not done for any reason, your child will have a further 3 years to bring a claim once they turn 18.

If the claim is being made on behalf of someone without the mental capacity to bring a claim, there is no time limit for someone else to do so for them.

Time limits for medical negligence claims can be complicated, however, so it is always worth speaking to a member of our team to discuss your options, no matter how much time has passed.

Compensation for a condition such as Erb’s palsy is intended to pay for the cost of treatment and care, as well as covering other costs incurred as a result of the injury and providing recompense for the non-financial impact on your child’s life.

Typically, there are two types of damages you can claim for Erb’s palsy:

Special damages – For specific financial costs incurred up to the date of settlement, for example, paying for physiotherapy and other treatment costs and buying special equipment.

General damages – For likely future costs, such as paying for on going treatment, as well as non-financial losses e.g. pain and suffering and limitations to your child’s expected future lifestyle.

A medical negligence claim can take months or even years to conclude, depending on how complicated that case is and whether the defendant is willing to accept liability or not. However, it is often possible to secure an interim payment of damages from the defendant where quick access to funds is needed to ensure your child gets the treatment and other care that they need.

This will normally only be possible where the defendant has already admitted responsibility for the birth injury that resulted in Erb’s palsy and the settlement amount is still being negotiated. Any payments made will be offset against the final settlement agreed and will usually be based on covering the cost of specific treatments and other necessary expenses.

Further information about Erb’s palsy claims

For more information about Erb’s palsy compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start an Erb’s palsy claim with us today

To arrange a free initial no obligation consultation and find out more about starting an Erb’s palsy claim:

To arrange your consultation please contact the new client team on 01752 292204.