Erb’s palsy is a serious birth injury. Specifically, it can cause weakness, numbness and even paralysis in one arm due to nerve damage sustained during childbirth. This type of birth trauma can have significant impacts on a child’s life. For example, cosmetic challenges related to arm deformity, reduced growth, sensory issues, and circulatory problems. Here at Public Interest Lawyers, our panel of solicitors are experts in navigating Erb’s palsy claims. They are also intrinsically aware of the collateral damage it can cause to both the child and parents. Don’t suffer in silence. Our panel have helped claimants with birth injury claims across the UK and is ready to help you.
Whether you are a parent claiming on behalf of your child, or you are claiming for harm you suffered when you were a child, our advisors can provide fast and clear guidance on all the FAQs. Notably, our advisors can discuss the details of the eligibility of your claim, compensation estimates and also guide you through the early stages of the medical negligence claims process. Importantly, our panel of solicitors will offer their legal services on No Win No Fee terms to eligible claimants. This ensures financial transparency throughout your Erb’s palsy claim. Get in touch with our dedicated team of advisors by using the contact details provided below to talk to us about Erb’s palsy claims:
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Jump To A Section
- What Is Erb’s Palsy?
- How Might Erb’s Palsy Be Caused By Negligence?
- Am I Able To Claim Erb’s Palsy Compensation On Behalf Of My Child?
- How Will Erb’s Palsy Compensation Claim Time Limits Apply?
- How Much Compensation Could Be Awarded For Erb’s Palsy?
- What Can Erb’s Palsy Compensation Help With?
- How To Prove That Erb’s Palsy Was Caused By Medical Negligence
- Why Choose Our Panel Of Solicitors To Claim For Erb’s Palsy?
- No Win No Fee Erb’s Palsy Claims
- Learn More
What Is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus birth palsy, is a type of nerve injury causing weakness or paralysis in a newborn baby’s arm sustained during childbirth.
More specifically, an Erb’s palsy injury occurs when nerves in the shoulder are stretched too far or are torn during a particularly difficult delivery.
Has your child developed Erb’s palsy, and you believe it could’ve been avoided? Ring us today so we can advise you on the next steps regarding this birth injury.
How Might Erb’s Palsy Be Caused By Negligence?
Erb’s palsy might be caused by negligence via a medical professional performing excessive pulling or improper twisting of the baby’s head and neck.
Some other examples of medical negligence might be:
- Failing to perform a necessary caesarean section
- Failing to notice the signs of shoulder dystocia, which is the most common cause of Erb’s palsy
- Improper use of birthing instruments, such as forceps
- Neglecting the birth history of the mother involving shoulder dystocia by failing to put preemptive measures in place
If you would like to discuss any of the above examples of negligence or Erb’s palsy claims in more detail, please speak with an advisor today.
Am I Able To Claim Erb’s Palsy Compensation On Behalf Of My Child?
You can make an Erb’s palsy claim on behalf of your child if you are able to prove that the negligent actions of a medical professional directly caused your child to suffer avoidable or unnecessary harm.
More specifically, there are certain eligibility criteria that you will need to satisfy in order to ensure the validity of the claim:
- Your child was owed a duty of care – Your child was owed a duty of care by a medical professional. This is a legal obligation requiring medical professionals to provide a standard of care that meets minimum expectations. Notably, a medical professional owes a duty of care from the moment they agree to treat a patient.
- This duty of care was breached – For example, a midwife uses excessive force in an attempt to get the baby out, resulting in harm which could have been avoided if the correct method had been used.
- The breach caused your child to develop Erb’s palsy – This could be any of the different types of Erb’s palsy, including neurapraxia, neuroma, rupture or avulsion.
Wondering how to claim? Please reach out today so we can guide you through the necessary steps.
Can My Child Claim For Erb’s Palsy Once They Turn 18?
Yes, your child can claim for Erb’s palsy once they turn 18, and they will have until their 21st birthday to start their medical negligence claim.
However, if a trusted adult has already made an Erb’s palsy claim on their behalf as a litigation friend, a new claim can’t be made again once the child turns 18. Notably, if a claim on behalf of the child is in progress when the child reaches maturity, they can assume responsibility for the claim as an adult.
If you recently turned 18 and are considering filing an Erb’s palsy claim, please contact an advisor today so we can assist you.
How Will Erb’s Palsy Compensation Claim Time Limits Apply?
Erb’s palsy compensation claim time limits will apply under the Limitation Act 1980, by granting claimants 3 years to start a claim from the date the medical negligence occurred or from the date of knowledge. This is called the limitation period. However, if you are claiming on behalf of your child, you have until their 18th birthday to begin the process.
That said, the legislation acknowledges exceptions to the 3-year time limit. For more information on who is exempt, please refer to our other guide on what is the limitation period.
Would you benefit from an advisor confirming whether your child’s Erb’s palsy claim falls within the legal time limit? Phone today, and an advisor will assess the claim for free.
How Much Compensation Could Be Awarded For Erb’s Palsy?
The amount of compensation that could be awarded for Erb’s palsy depends on the extent of pain and suffering experienced from both the physical and psychological effects of the injury under a head of loss called general damages.
Oftentimes, solicitors will refer to the Judicial College Guidelines (JCG) because it’s a publication that contains a wide range of different injury types, severities and suggested compensation brackets. As a result, legal professionals can use the JCG as a roadmap to guide them in calculating general damages for clients.
We want to give you as much information on how much compensation for Erb’s palsy claims as possible, so we have created a table for you to look at below. Inside the table, you will find several carefully selected compensation brackets sourced from the JCG.
However, please note that the top entry is a figure of our own design and has not been taken from the JCG. Lastly, please only use our table as guidance only.
| HARM | COMPENSATION BRACKETS | NOTES |
|---|---|---|
| Multiple Severe Instances of Harm with Special Damages | Up to £1,000,000+ | There will be multiple severe instances of harm and financial losses including loss of wages, loss of future earnings and travel expenses. |
| Neck - Severe (i) | In the region of £181,020 | The injured claimant will have suffered a neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Neck - Severe (ii) | £80,240 to £159,770 | The injured person will have sustained serious fractures or damage to discs in the cervical spine. |
| Neck - Severe (iii) | £55,500 to £68,330 | In this compensation bracket there will be injuries involving fractures or dislocations or severe damage to soft tissues and/or ruptured tendons that lead to chronic conditions. |
| Neck - Moderate (i) | £30,500 to £46,970 | This level of award takes into account injuries like fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion. |
| Neck - Moderate (ii) | £16,770 to £30,500 | The injured individual will have suffered soft tissue or wrenching-type injuries and disc lesions of the more severe type resulting in cervical spondylosis. |
| Arm - Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | The injured person will have sustained fractures of one or both forearms deemed serious where there is significant permanent residual disability whether that be functional or cosmetic. |
| Shoulder - Severe | £23,430 to £58,610 | This type of shoulder injury is usually linked to neck injuries and involving damage to the brachial plexus resulting in significant disability. |
| Shoulder - Serious | £15,580 to £23,430 | The injured claimant will have sustained a dislocated shoulder as well as damage to the lower part of the brachial plexus causing pain in shoulder and neck. |
| Shoulder - Moderate | £9,630 to £15,580 | This compensation bracket covers injuries involving frozen shoulders with limitation of movement and discomfort with symptoms persisting for about two years. |
Erb’s palsy can leave a child with serious injuries. If you’re wondering how much compensation your child might be entitled to, please get in touch with an advisor today who will be more than happy to help you.
What Can Erb’s Palsy Compensation Help With?
Erb’s palsy compensation can help with financial losses incurred as a direct result of the harm suffered, such as medical expenses (e.g., private surgery and physiotherapy), under a head of claim called special damages.
To give you a clearer understanding of what financial losses can be compensated for under special damages, we’ve provided some examples below:
- Therapy and counselling
- Specialist equipment such as splints and braces
- Travel expenses incurred from regular hospital visits
- Home adaptations such as changes to door handles
- Occupational therapy costs to address the child’s specific needs
Please note that you will need to prove you incurred financial losses. To do this, you will need to present evidence in the form of payslips, invoices and receipts.
Can Parents Claim For Financial Losses Incurred As A Result Of Erb’s Palsy?
Yes, parents can claim for financial losses incurred as a result of Erb’s palsy, such as loss of earnings.
Notably, loss of earnings will be the main catalyst for financial losses incurred due to the fact that you’ll likely have to take time off work to support your baby, as well as address your own emotional needs. This is the case whether you took a brief amount of time off work or had to leave permanently to be there for your child.
Importantly, special damages will take into account future loss of earnings from missed opportunities, such as promotions and bonuses, arising from time off work.
As mentioned above, you must provide evidence of any financial losses you have incurred as the parent in the form of payslips, receipts and bank statements.
We can assess your eligibility to receive special damages right now. Simply connect with an advisor at your earliest convenience.
How To Prove That Erb’s Palsy Was Caused By Medical Negligence
You must be able to prove that a third party’s negligent actions directly caused your child to suffer Erb’s palsy by providing as much evidence as you can, such as medical records and photographs of your child’s arm.
For more information on gathering evidence on behalf of your child, please head over to our other guide on how to prove medical negligence.
Our panel of solicitors can share the load by gathering evidence on your child’s behalf. To find out more, please connect with an advisor today.
Why Choose Our Panel Of Solicitors To Claim For Erb’s Palsy?
Choosing our panel of solicitors to claim for Erb’s palsy gives you immediate access to a comprehensive list of services meticulously designed to support you during the claims process.
We’ve selected a few examples of the support our panel provides below to give a clearer picture of the help offered to our clients. We will:
- Guarantee that your solicitor or an advisor are readily available to answer any questions that may arise throughout the entire claims process
- Foster an environment that reinforces support for families navigating a birth injury claim
- Secure an independent medical assessment to emphasise the harm your child has experienced
- Make sure that rehabilitative support is provided, ranging from paediatric physiotherapy to counselling for the parents
- Communicate efficiently with all parties involved to ensure things are running smoothly
We’re proud to say this is not an exhaustive list; Public Interest Lawyers have much more to offer. If you think any of the above support services would benefit you or your child, please don’t hesitate to get in touch with an advisor about Erb’s palsy claims.
No Win No Fee Erb’s Palsy Claims
Here at Public Interest Lawyers, our panel of Erb’s palsy solicitors offer their legal services on a No Win No Fee basis via a Conditional Fee Agreement (CFA). The key things to know are:
- You won’t pay solicitors’ fees if your Erb’s palsy claim fails
- You won’t pay solicitors’ fees while your claim is ongoing
- You won’t be caught off guard by having to pay for any upfront solicitor’s fees
- If your Erb’s palsy claim wins, you will pay a success fee, which will be deducted directly from your compensation. We want to reassure you that the success fee is small and capped by law as a limited percentage under the Conditional Fee Agreements Order 2013.
Your Erb’s palsy claim is in safe hands with us, and we will support you every step of the way. If you think our panel of solicitors at Public Interest Lawyers is the right fit for you, please reach out using the contact information provided below:
Contact Our Advisors To Begin A Claim
- Call us for free on 0800 408 7825
- Contact us online
- Text us for free using our live chat service
Learn More
For more information, read some other guides by us:
- Read our guide on retained placenta compensation.
- Take a look at our guide on how to claim for harm caused by being starved of oxygen at birth.
- Have a read of our guide on birth trauma compensation.
Below you’ll find some external resources to help with your research:
- Please read for guidance on maternity pay leave from GOV.UK.
- Learn the standards for midwifery services in the UK.
- Here you’ll find information on the stages of labour and birth.
Thank you for taking the time to read our guide on Erb’s palsy claims.