Erb's palsy compensation claims

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Understanding erb’s palsy

Erb’s Palsy often happens when a baby gets stuck during birth after the head is delivered.  This can be caused by the baby’s shoulder getting stuck in the pelvis.  This is called shoulder dystocia.

Babies with Erb’s Palsy might have trouble moving their shoulder but can still move their fingers. If both upper and lower trunk nerves are stretched and damaged, the condition is more severe and is called global or total brachial plexus birth injury, affecting the shoulder, arm, and hand.

If Erb’s Palsy is caused or made worse because of medical mistakes, it may be possible to get compensation.

Medical mistakes that are linked to Erb’s Palsy include:

  • poor decisions being made during labour including failure to refer for c-section in a timely manner
  • wrong tools or excessive force being used during the delivery of a baby
  • failures to advise of risks relating to Erb’s Palsy.
  • Failing to follow correct protocols for delivery when shoulder dystocia is identified.

Children with Erb’s Palsy can regain some feeling and motion in the affected arm over time and with regular physical therapy. However, many children will continue to experience some weakness in the shoulder, arm, hand or fingers throughout their life, or may need more invasive treatments such as surgery. Making a successful claim means you will be able to access funds to provide your child with therapy above and beyond what may be available for free from the NHS.

We’re here to help. You can call us on 0800 0448488 or email or request a call back

Your rights and eligibility

If you think warning signs were not picked up or mistakes might have been made during your baby’s delivery that caused them to have an Erb’s Palsy, you have a right to answers and possibly compensation. 

You may have a valid Erb’s Palsy negligence claim if you were at high risk of your baby suffering shoulder dystocia and this was not identified or discussed with you. Where shoulder dystocia occurred, you may have a claim if procedures were not properly followed and needed actions were not taken quickly enough.

How can compensation help? 

Compensation can help alleviate the various financial challenges families may face due to their child’s injuries. 

In instances where children require continuous rehabilitation and physiotherapy, compensation will help to fund this. It allows families to access services that may not be readily available through the NHS, ensuring that the child receives the care they need.

In the unfortunate event that a child’s injuries affect their ability to work and earn an income in the future, compensation can be sought to account for the anticipated loss of earnings. Additionally, if home adaptations, specialised equipment, or a carer are necessary, compensation can pay for these.

For parents who find themselves needing to take additional time off work or are unable to work due to their child’s injury, compensation can provide a much-needed source of assistance. 

It is important to acknowledge that a component of the compensation claim is intended to recognise and compensate for the pain and suffering endured by the child. 

Many of our clients pursue a claim to achieve a lot more than financial compensation. The process itself can help identify what failings were in the care received that led to the injury and help clinicians learn from their mistakes so others don’t have to face the same situation as our clients did.

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

Choosing an erb’s palsy lawyer

Our specialist birth injury claims solicitors have helped numerous families make successful Erb’s Palsy claims and secure vital funds to make their children’s lives better. We know what to look for to help you understand if things did go wrong and can help you get answers and access compensation to help you get the support you deserve.

Please get in touch today for a free, friendly initial conversation with one of our specialist lawyers

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Erb's palsy compensation FAQ’s

That depends on the level of injury and suffering someone has endured because of their Erb’s Palsy and whether and how their life will be affected in the future. Some of the things that can be covered through a claim include:

  • Compensation for the pain and suffering caused to your baby when the negligence happened and from the injuries sustained
  • Money towards any caring costs current or future linked to the injury
  • Home adaptations and mobility aids 
  • Physiotherapy, occupational therapy and equipment
  • Loss of earnings if the injuries are such that your child will be disadvantaged in the workplace compared to an abled body person.

In most cases, it is possible to bring an Erb’s palsy negligence claim at any point up to a child’s 21st birthday and, in some cases, even beyond that.

That is because when a child is injured, the three year “limitation period” on their right to claim does not start until they are 18 (and ends when they are 21). The time limit does not apply in the cases where you are making a claim on behalf of someone lacking capacity.

Making a claim for compensation should never affect the care you or your child receives.

Doctors, same as any other professional, make mistakes and that’s why they have insurance in place. No medical professional is going to hold against you making a claim to help support your child’s future but we completely understand why you may feel worried about trusting the same clinician with your care following a serious mistake. If that is the case you are within your rights to request seeing a different clinical team.

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If you would like us to call you back to discuss a potential claim, please complete the form below and a member of the team will call you at a time convenient to you. We are in your corner and ready to help. Alternatively, you can contact us by email.

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