Erb’s Palsy Claims

Brachial plexus palsy or paralysis, more commonly known as Erb’s palsy, is often a result of a birth trauma inflicted on a baby through excessive pressure on the brachial nerves. If the baby’s shoulders become trapped in the birth canal, these nerves can stretch or tear, leading to varying degrees of paralysis.

Bringing up a child with Erb’s palsy can be challenging, both emotionally and financially. If the condition was caused by negligence, a medical negligence solicitor can help ease the burden by helping you make a successful Erb’s palsy claim.

If your child has Erb’s palsy due to medical negligence and you want to start a claim, please call 0800 470 0474 today for a free consultation with a legal adviser. You can also use our online claim form to request a call back.

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Table of Contents

• What is Erb's palsy?
• Can I make an Erb's palsy claim?
• What evidence do I need to support Erb's palsy claim?
• What is the claims process?
• What causes Erb's palsy?
• Signs of Erb's palsy
• What muscles does Erb's palsy affect?
• How is Erb's Palsy diagnosed?
• What treatments are available for Erb's palsy?
• What types of negligence could lead to an Erb's palsy negligence claim?
• Can I claim Erb's palsy compensation on behalf of my child?
• How long do I have to make a medical negligence claim for Erb's palsy?
• How much is an Erb's palsy compensation claim worth?
• How can I pay for my Erb's palsy claim?
• Living with Erb's palsy

What is Erb’s palsy?

Erb’s palsy is a condition that causes weakness or paralysis of the arm due to injury to the brachial plexus nerves during childbirth. The brachial plexus is a network of nerves that originates from the spinal cord in the neck and extends into the shoulder, arm, and hand, controlling movement and sensation in these areas.

The injury commonly happens due to excessive stretching or pulling on the baby’s head and neck during a challenging or traumatic delivery, resulting in nerve damage. Symptoms can vary based on the severity of the injury, ranging from lack of muscle tone to complete paralysis.

Treatment involves physical therapy or surgery to repair the damaged nerves and improve function in the affected arm. The outlook varies based on the extent of nerve damage, but many individuals regain at least some degree of movement and function in the affected arm. Early intervention and ongoing therapy are essential to achieve the best possible quality of life.

Can I make an Erb’s palsy claim?

Like all personal injury claims, Erb’s palsy has to be the result of someone’s negligence to have a valid compensation claim. If your pregnancy was neglected or mismanaged by a midwife or other medical professionals, you might have a valid case. To have a medical negligence claim, you must prove the following:

• A duty of care. Every healthcare provider has a legal duty to provide patients with a certain standard of care. This is defined as the level of care a competent and knowledgeable doctor in the same field would have provided in similar circumstances.
• Breach of duty. This occurs when a medical professional fails to meet the standard of care expected of them. In the context of an Erb’s palsy claim, this could involve using excessive force during delivery or failure to perform a C-section when needed.
• Causation refers to the link between the breach of duty and the resulting injury. Your solicitor must prove that the healthcare provider’s actions or decisions during childbirth were the direct cause of the nerve injury that led to Erb’s palsy.
• Damages. Damages refer to the harm or losses you and your child suffered due to medical negligence. These may include physical pain and suffering, emotional distress, medical expenses, loss of earnings and reduced quality of life.

A professional Erb’s palsy lawyer will have extensive experience handling birth injury claims. In addition to obtaining compensation, a solicitor can also help you obtain answers about what went wrong.

If the birth injury could have been avoided, your solicitor will fight to get you the maximum level of compensation you (and your child) are entitled to.

They will talk you through each stage, take a detailed statement from you, and get the relevant medical records. To smooth things along, you can assist your solicitor by gathering as much evidence as you can in advance. Below, you can read more about the types of proof you can use to support your case.

What evidence do I need to support Erb’s palsy claim?

If your child was diagnosed with Erb’s palsy and you want to make a claim for compensation, you need relevant proof to support it. The evidence must show that the injury was the result of medical negligence and how it has affected your child and your family. The types of proof you could use in a medical negligence claim include:

• Medical records that document the prenatal care, labour, and delivery;
• Testimony from medical experts, such as obstetricians or paediatricians, on whether your healthcare provider breached the standard of care and that caused or contributed to the development of Erb’s palsy;
• Statements from witnesses present during delivery, such as family members or nurses;
• Imaging studies such as X-rays, MRIs, or CT scans that can show the extent of nerve injury or damage associated with the palsy;
• Evidence of risk factors associated with Erb’s palsy, such as maternal diabetes, large baby or prolonged labour;
• Visual evidence of the injury, such as photographs or videos that show any physical manifestations of Erb’s palsy, such as weakness, paralysis, or abnormal positioning of the arm;
• Any correspondence with your healthcare providers about concerns or complications during childbirth;
• Records of the treatment and management of the condition, including physical therapy, surgical interventions, and ongoing medical care;
• Financial records that show all the losses and expenses you incurred as a result, such as medical bills, travel expenses to medical appointments and lost wages while taking time out to care for your child.

What is the claims process?

If you want to claim Erb’s palsy compensation, the first thing you should do is call 0800 470 0474 for a free consultation with a personal injury claims solicitor. They will offer you a free case assessment to discuss your child’s condition and verify your eligibility for compensation. If you are able to claim, they will take on your case on a no win no fee* basis and offer you support and advice at every step.

After appointing your solicitor, they will examine your case in detail and send a claim notification form to the other side to inform them of your allegations of negligence. They will have 21 days to acknowledge your claim and another three months to investigate it and notify you whether they deny or admit liability. During this period, they may request that a medical specialist of their choice examine your child to understand what happened and the extent of their suffering.

Your solicitor will also conduct investigations and work closely with a medicolegal expert to prove negligence. They may also arrange a free medical exam to assess the full extent of your child’s condition and how it may be related to a medical mistake.

If the defendant admits liability, your solicitor will start negotiating the best compensation award possible on your behalf. This process may take a while, as both parties can make several offers until they agree on a payment that everyone finds fair. If they deny liability, your solicitor will be ready to take your case to court. However, try not to worry about this, as more than 95% of all cases are resolved without a trial.

What causes Erb’s palsy?

As we’ve briefly mentioned above, Erb’s palsy results from straining, stretching or completely tearing the brachial plexus nerves. The brachial plexus is a network of nerve fibres that carry sensory signals from the spine to the muscles and skin of the shoulder, arm, forearm, and hand.

Injuries to the brachial plexus typically occur as a result of trauma to the neck. When a baby’s shoulders are stuck above the mother’s pelvic bone (shoulder dystocia) and go unnoticed, the child can suffer various nerve injuries as a result, including;

• Neuropraxia (stretching the nerve excessively) is the mildest form of nerve injury. It causes temporary damage to it without affecting its underlying structure. With time and rest, it usually resolves on its own, and nerve function returns to normal.
• Nerve ruptures occur when the nerve is torn or severed completely, resulting in a physical break in the tissue.
• Neuroma may occur when stretch injuries that damage nerve fibres heal and result in scar tissue. It can cause pain, tingling or numbness in the affected arm.
• Avulsions occur when the root of the nerve is entirely detached from the spine. This is a very severe injury that can result in significant loss of nerve function.

Severe injuries may require surgery and can lead to partial or permanent paralysis. Where the nerves need reattaching, your child might also have to go through extensive surgery.

Shoulder dystocia can also have a knock-on effect and lead to other injuries, such as:

• Fractures to the collarbone
• Separation of the neck bones (called cervical subluxation)
• Weakness of the facial muscles (facial palsy)
• Dislocated shoulder

Besides shoulder dystocia, Erb’s palsy can also be due to using excessive force to deliver the baby or inadequate use of forceps or vacuums.

Signs of Erb’s palsy

Erb’s palsy is often not instantly visible. When the signs are not clearly noticeable at birth, symptoms as the child grows include:

• An elbow that does not bend and a hand that turns backwards
• Inability to grip with the affected hand
• Partial or complete paralysis in the affected arm
• Horner’s syndrome (where the eyelid on the affected side droops and the pupil is smaller)
• Torticollis, where a child faces away from the affected side and cannot face forward without effort
• No sensory or motor function in the upper arm
• Numbness in the affected area
• Limited movement in the affected shoulder, arm or hand
• Difficulty lifting or rotating the arm
• Muscle atrophy due to lack of use
• Pain in the arm or shoulder

The severity of symptoms can vary widely depending on the extent of nerve damage and other factors. Early diagnosis and appropriate treatment can help improve outcomes for individuals with Erb’s palsy. If you are able to make an Erb’s palsy negligence claim, the amount of compensation awarded to you will depend on the severity of your condition and the related financial losses.

What muscles does Erb’s palsy affect?

Erb’s palsy results from injury to the upper brachial plexus nerves, specifically the C5 and C6 nerve roots. These nerves supply motor function to several essential muscles involved in shoulder and arm movement.

The C5 and C6 nerve roots of the brachial plexus control a series of upper arm, neck, shoulder and back muscles, which include the following:

• Deltoids, which are responsible for lifting the arm away from the body
• Biceps, which allow you to bend the elbow (flexion) and rotate the forearm
• Brachialis, essential in elbow flexion
• Infraspinatus, involved in the external rotation of the shoulder joint
• Serratus anterior muscles, which allow for movements such as reaching and pushing
• Rhomboids are essential for pulling the shoulders back and down
• Levator scapulae are involved in movements such as shrugging the shoulders and tilting the head to the side
• Supinator muscles, which allow the palm-down to palm-up rotation

The bottom line is that Erb’s palsy causes restriction of movement to the shoulder, arm and elbow in varying severity. This can significantly affect the sufferer’s ability to carry out various activities, including writing, playing and doing sports.

How is Erb’s Palsy diagnosed?

A paediatrician will generally diagnose Erb’s palsy in infants. They will assess the infant’s clinical signs and perform a few physical examinations to evaluate the infant’s muscle strength, reflexes, range of motion, and overall function in the affected arm and shoulder.

The doctor may request additional X-rays, ultrasounds, or MRI scans to identify the location and extent of the nerve damage. They will also evaluate all the tell-tale symptoms before making a diagnosis.

We know by now that Erb’s palsy might not be immediately apparent. However, as soon as your child displays any of the symptoms mentioned in our previous sections, you should consult a medical professional immediately.

The quicker the diagnosis is made, the faster you can begin treatment, which increases the chances of complete recovery.

It is worth mentioning that you should distinguish the diagnosis from the prognosis. The diagnosis identifies the condition, like Erb’s palsy, while the prognosis illustrated the likely outcome and recovery after medical treatment. So basically, the diagnosis will be the same for Erb’s palsy sufferers, but the prognosis will vary greatly.

What treatments are available for Erb’s palsy?

Some babies with brachial injuries can completely recover on their own in the first two years. Unfortunately, the condition has a lifelong impact on other children.

Naturally, the type of treatment available to your child will depend on the severity of the case. Typically, if your child has been diagnosed with Erb’s palsy, the first step on the road to recovery includes physical therapy – either weekly or biweekly. A therapist will work with the child to perform specific exercises and stretches that will enhance muscle strength, range of motion, and overall function.

In more severe cases, physiotherapy will still leave the shoulder, arms, or hands feeling weak. Surgery can be an option. A nerve graft or nerve transfer might improve function in the affected area.

Children with Erb’s palsy may also benefit from occupational therapy. With the therapist’s help, they will learn how to dress, eat, and do other activities.

If your child suffers from Erb’s palsy as a result of clinical negligence, your solicitor will consider all the treatment costs – current and future – to calculate your Erb’s palsy compensation claim.

What types of negligence could lead to an Erb’s palsy negligence claim?

If your child’s condition was caused by medical negligence, you may be able to make a claim on their behalf. An Erb’s palsy lawyer could help you get the compensation they deserve if the medical professional who treated you did any of the following:

• Used unnecessary force to deliver the baby
• Did not follow the protocols for shoulder dystocia (when the baby gets stuck in the birthing channel)
• Underestimated the baby’s weight and size before natural birth
• Failed to diagnose and treat maternal diabetes, which can lead to large babies
• Did not perform a caesarean when it was clinically necessary
• Failed to inform you about potential birth injuries
• Failed to refer you to a specialist if you had known risk factors
• Failed to realise there was a risk of nerve damage
• Did not use the correct tools for safe delivery
• Failed to move the baby if it was trapped in an unsafe position

During the claims process, your solicitor will consult with a medical expert. They will help establish negligence and whether you may be able to claim compensation for your child’s condition.

Can I claim Erb’s palsy compensation on behalf of my child?

If your child’s palsy was caused by negligence, you could make a compensation claim on their behalf. To start a claim for your child, the court must appoint you as their litigation friend. A specialist solicitor can help you fill in and file all the necessary documents, which must prove:

• You have no conflict with the child
• You can make fair and competent decisions about the case
• You agree to pay any fees requested by the court

If you are fit for the role, the court will name you as the child’s litigation friend, and you can start the claims process. Your duties will include:

• Have the child’s best interest at heart
• Approve and sign legal documents
• Deal with correspondence
• Liaise with your solicitor
• Ensure your child attends all their medical appointments
• If your child is old enough, try to find their wishes about the case
• Consider any compensation offers from the other side

If you settle the claim for your child, you must go to an Infant Approval Hearing in court. Here, a judge will look at all the evidence to determine whether the Erb’s palsy compensation awarded to them is fair and covers all their needs. The court will typically keep the money in a bank account and release it to the child by cheque when they turn 18. Alternatively, your solicitor will help you set up a personal injury trust to keep the funds until your child reaches the age of majority.

The court will give you early access to the funds if you have pressing financial matters, such as paying for tutors or private medical treatments.

How long do I have to make a medical negligence claim for Erb’s palsy?

Under the Limitation Act 1980, the time limit to make a personal injury claim is typically three years from the date of negligence or from when the condition was diagnosed. However, with child injury claims, a parent or legal guardian can start legal proceedings at any point before the child’s 18th birthday.

Alternatively, the child will have three years from their 18th birthday to make an Erb’s palsy compensation claim in their own name.

Nonetheless, it is a good idea to make a claim for Erb’s palsy as soon as possible. Medical negligence cases can be complex and take several years to be finalised. The earlier you start legal proceedings, the sooner you may receive the compensation you are entitled to. This can help you move forward and offer your child all the care they need to live their best life.

How much is an Erb’s palsy compensation claim worth?

It is difficult to say precisely how much compensation you could be awarded, as all Erbs palsy claims are unique. Your solicitor will consider all the factors, including the physical and emotional pain, the effects of the injuries, and your ability to enjoy independence.

In the more severe Erb’s palsy cases, your child will need extensive specialist care all their life. Your compensation claim should provide for all these expenses, including:

• Medical appointments, even with private practitioners
• Physical therapy
• Occupational therapy
• Modifications to your home and vehicle to accommodate their needs
• Travel expenses to and from medical facilities
• Loss of income due to time off work to care for your child
• Private tutoring

As you can see, the elements of your claim are tailor-made based on each individual case. The amount of compensation is designed to put your family back in the position you would have been in if the damage to the brachial plexus had never occurred.

Therefore, your Erb’s palsy solicitor will seek the maximum compensation to make life as easy as possible for your household and overcome any difficulties associated with the condition. According to the guidelines from the Judicial College, you can receive the following awards for the pain and suffering caused by the injury:

• Up to £6,000 for minor damage to the brachial plexus, with recovery within several weeks
• £6,000 – £9,700 for moderate injuries with recovery within several months
• £9,700 – £14,600 for more severe damage that causes long-term stiffness and reduced mobility
• £14,600 – £36,500 if the child cannot use the arm, hand or shoulder effectively
• Up to £99,500 for permanent paralysis caused by Erb’s palsy

It is important to note that the above figures do not take into account special damages awarded for the financial impact of Erb’s palsy. These can significantly increase the overall compensation package.

If the other party accepts guilt, you may also qualify for an early compensation payment to cover medical expenses while waiting for the claim to settle.

How can I pay for my Erb’s palsy claim?

If your child is suffering from Erb’s palsy at the hands of a negligent medical professional, you will be able to make a no win no fee claim. Your solicitor will offer you a conditional fee agreement, meaning you have no out-of-pocket expenses if your claim is unsuccessful.

If they win your case, your solicitor will receive payment as a success fee. This is a pre-agreed percentage of the Erb’s palsy compensation that has been awarded, which is capped at a maximum of 25%. Your Erb’s palsy solicitor will discuss all of this with you before the claim, and there are no hidden costs. The agreed-upon fee will be fixed based on the settlement amount.

With this service, you do not have to worry about the costs and disbursements of the litigation process either. If you lose, these will be covered by the After the Event (ATE) insurance your solicitor will arrange for you. The ATE will pay for:

• Court and counsel fees
• Medical reports
• Expert witness fees
• Travel expenses
• Barrister fees if the case goes to court
• The defendant’s solicitors and costs
• The cost of the ATE insurance policy itself

Living with Erb’s palsy

Many babies born with Erb’s palsy are diagnosed instantly and receive the correct treatment. These cases usually recover within the first year, but some children will struggle with Erb’s palsy for the rest of their lives. This means they will:

• Experience limitations in the affected arm or shoulder’s range of motion, strength, and function;
• Find everyday tasks such as dressing, grooming, eating, and taking part in recreational activities more challenging;
• Need to develop creative strategies and adaptations to compensate for limitations in arm function;
• Experience feelings of frustration, self-consciousness, or social isolation;
• Require ongoing medical monitoring to assess potential complications such as muscle contractures, joint deformities, or chronic pain.

Whatever the extent of the damage, it is a traumatising time for both parents and baby. Compensation can go a long way to kick the stress and go towards any care or special equipment your child needs – hopefully on the road to a full recovery.

To find out if you have a valid Erb’s palsy claim, call 0800 470 0474 for a free, no-obligation consultation. You can also enter your details into our online claim form, and someone will get back to you as soon as possible.