Erb’s Palsy Claims: A Complete Guide to Birth-Related Brachial Plexus Injury Claims
Birth injuries can have life-altering consequences for both a child and their family. One such condition is Erb’s Palsy — a form of brachial plexus injury often caused by trauma during delivery. It can lead to weakness, loss of movement, or even permanent disability in the affected arm.
If your child has developed Erb’s Palsy as a result of medical negligence during labour or birth, you may be entitled to claim compensation. This guide explains how Erb’s Palsy claims work, what you can claim for, and how our specialist team can help you through this emotional and complex process.
What is an Erb’s Palsy Claim?
An Erb’s Palsy claim is a type of medical negligence case made when a baby suffers a brachial plexus injury due to avoidable mistakes made by healthcare professionals during childbirth. Rather than treating individual errors separately, the claim looks at the overall impact of these mistakes on your child’s health, mobility, and future.
For example:
- Failure to properly manage shoulder dystocia (when a baby’s shoulder becomes stuck during delivery)
- Excessive pulling or force applied to the baby’s head, neck, or shoulder
- Delayed decision to perform a caesarean section despite signs of a difficult birth
- Neglecting to follow established safety procedures during delivery
How to Make an Erb’s Palsy Claim
We understand how overwhelming it can be to consider legal action while caring for your child’s needs. That’s why we’ve made the process as simple and supportive as possible:
Step 1: Arrange a Free Consultation
Contact our friendly, specialist team for a free, no-obligation consultation. We’ll listen to your experience, assess whether you have a valid case, and explain how we can move forward.
Step 2: Gather Important Information
To build a strong Erb’s Palsy claim, we’ll need:
- Medical records from the pregnancy, labour, and postnatal care
- Midwife and obstetrician notes
- Information about the delivery method and any complications
- Expert medical opinions confirming negligence and injury
- Details of your child’s diagnosis and prognosis
- Financial records for ongoing care, therapy, and expenses
Once we’ve gathered this evidence, your claim will be handled by a solicitor with specialist experience in birth injury and Erb’s Palsy cases.
What If the NHS or Hospital Denies Responsibility?
If the healthcare provider disputes liability or refuses to accept responsibility, it doesn’t mean your case is over. Your solicitor will:
- Conduct a detailed investigation of the medical records
- Obtain independent expert medical reports
- Review hospital policies, staffing, and delivery procedures
- Gather supporting witness accounts where appropriate
- Take legal action through the courts if necessary
Strong medical documentation and expert opinions are key to proving negligence in birth injury cases like Erb’s Palsy.
Who Can Make an Erb’s Palsy Claim?
A claim can be made by:
- Parents or legal guardians on behalf of the child
- A legal representative acting in the child’s best interests
- The child themselves, once they turn 18, if a claim hasn’t been made earlier
As long as negligence or mishandled care during childbirth contributed to the injury, you have the right to seek compensation for your child.
What Can You Claim for in an Erb’s Palsy Case?
The value of an Erb’s Palsy claim depends on the severity of the injury, the lasting effects, and your child’s long-term care needs. A successful claim can cover:
- Medical treatment and surgery: Costs for operations, physiotherapy, and other rehabilitation
- Specialist equipment: Mobility aids, splints, and adaptive devices
- Care and support costs: Ongoing care needs, professional carers, and family support
- Pain and suffering: Compensation for physical discomfort, loss of independence, and psychological effects
- Loss of future earnings: If the condition limits future career prospects or employment options
- Education support: Specialist teaching and resources to accommodate your child’s needs
- Housing adaptations: Changes to make your home safer and more accessible
- Transport expenses: Accessible vehicles and travel costs for appointments and therapies
Your solicitor will make sure every aspect of your child’s current and future needs is carefully assessed and factored into the claim.
Can You Claim on Behalf of a Family Member?
Yes — as a parent or legal guardian, you can make a claim on your child’s behalf if they have Erb’s Palsy caused by negligent care. If a claim hasn’t been made during childhood, the affected person can pursue the claim themselves once they turn 18.
In very rare and tragic cases where the injury contributed to a child’s death, family members may also be able to claim for dependency losses and bereavement.
How Long Does an Erb’s Palsy Claim Take?
The timeframe for settling an Erb’s Palsy claim depends on:
- Whether the NHS or hospital admits liability
- The complexity of the case and extent of the injury
- How long it takes to obtain medical reports, expert opinions, and care assessments
- Whether there are any disputes over evidence or compensation amounts
Since Erb’s Palsy claims often involve long-term impacts, these cases can take several years to resolve fully. However, interim payments can sometimes be arranged early in the process to help with urgent care costs.
We’ll handle every part of the legal process for you, keeping you fully informed at every stage.
Are Erb’s Palsy Claims More Complicated Than Other Birth Injury Cases?
Yes — Erb’s Palsy claims are often complex because they involve:
- Delivery complications such as shoulder dystocia
- Lifelong physical, functional, and emotional consequences
- Specialist physiotherapy, occupational therapy, and possible surgery
- Future financial planning for care, education, and work limitations
- Disputed liability and medical evidence
That’s why it’s essential to work with a solicitor experienced in birth injury claims and familiar with the medical, legal, and emotional complexities of Erb’s Palsy.
We’re Here to Support You
An Erb’s Palsy diagnosis can be life-changing for your child and your family — physically, emotionally, and financially. But you don’t have to face this situation alone.
Our specialist birth injury solicitors are here to:
- Support you through every stage of your claim
- Help you access medical care, therapies, and equipment
- Secure interim payments and financial support where possible
- Fight for maximum compensation to safeguard your child’s future
- Handle your case with care, compassion, and total dedication
Contact us today for a free, confidential consultation — and take the first step towards securing justice, support, and a brighter future for your child.