Erbs palsy claims

What is erb’s palsy?

Erb’s palsy, sometimes referred to as obstetric brachial plexus injury, is a birth injury that occurs during childbirth when nerves in a baby's neck and shoulder (the brachial plexus) are damaged. Typically, this injury happens when excessive force is applied during delivery, often in difficult births involving shoulder dystocia (where the baby's shoulder becomes stuck) or when vacuum extraction and forceps are improperly used.

The injury can result in reduced mobility, weakness or paralysis in the affected arm, wrist or hand. Symptoms of Erb's palsy often become apparent shortly after birth, as the infant has difficulty moving the arm or hand, or the arm may hang limply by the baby's side. In many cases, prompt and appropriate treatment can help the child make a full recovery; however, severe cases may result in permanent nerve damage requiring lifelong care and support.

Can you claim compensation for erb’s palsy?

If your child’s Erb’s palsy injury was caused by negligent medical care during childbirth, you may be eligible to make a claim for compensation. Medical professionals have a duty of care to deliver babies safely; failing to identify risks, inappropriate use of birthing instruments, or negligence in handling delivery complications could amount to medical negligence.

To succeed in a claim for Erb’s palsy compensation, we must demonstrate that medical negligence directly led to your child's condition. Compensation claims can help cover:

• Medical expenses, physiotherapy and specialist treatments
• Costs of ongoing rehabilitation and supportive care
• Adapting your home or car to suit your child’s needs
• Loss of earnings if parents have reduced their working hours to care for their child
• Damages for pain, suffering and reduced quality of life

Why choose us for erb’s palsy compensation claims?

Stephensons has extensive experience handling sensitive cases involving birth injuries such as Erb’s palsy. Our dedicated medical negligence solicitors understand the complexities involved in these claims, providing compassionate legal support every step of the way.

Our medical negligence department holds accreditation from the Law Society and is recognised by leading directories such as Legal 500, reflecting our expertise and dedication to achieving the best outcomes for our clients.

At Stephensons, we offer:

• A compassionate, tailored legal approach
• A proven track record of successful Erb’s palsy compensation settlements
• No win, no fee arrangements where applicable
• Clear, straightforward advice at every stage
• A commitment to obtaining the best possible compensation award for your family

How we can help

Our experienced team of medical negligence solicitors will thoroughly investigate your claim to establish liability. We will gather expert medical evidence, handle all correspondence, and negotiate assertively on your behalf. Should your case proceed to court, we will represent your interests robustly to secure the compensation your family deserves.

Throughout the process, we work closely with medical specialists and rehabilitation experts to ensure that your child’s long-term care and recovery requirements are clearly identified and included in your claim. Our priority is always your child's welfare, helping them receive the support they need to lead the fullest life possible.

Types and severity of erb’s palsy types and severity of erb’s palsy

Erb’s palsy can present in varying degrees of severity. Adding clarity here reassures parents and demonstrates your expertise:

• Mild cases may cause temporary nerve stretching or partial weakness that can improve over several months.
• Moderate nerve injury often involves recovery with physiotherapy, although some residual weakness may remain.
• Severe injury includes nerve rupture or avulsion, which typically requires surgical intervention and can lead to permanent arm disability.
• Facial palsy variants, though rare, can occur affecting the facial nerves.

Common causes and risk factors

Exploring potential causes of Erb’s palsy highlights where medical negligence may arise:

• Shoulder dystocia, when a baby’s shoulder gets stuck behind the mother’s pelvis.
• Inappropriate use of forceps or ventouse when exerting excessive traction.
• Delayed caesarean sections in situations where vaginal delivery is no longer safe.
• Failure to reposition the mother or apply proper manoeuvres, which might reduce nerve stretching.
• Inexperienced staff or communication breakdowns during delivery emergencies.

Identifying these situations helps parents understand where fault may lie and underscores your investigative thoroughness.

Contact Stephensons today

If your child has sustained an Erb’s palsy injury and you suspect medical negligence, please contact our expert medical negligence team. Call us today on 0161 696 6165, or complete our online enquiry form, and we will be in touch promptly to discuss your case and your legal options.

Step‑by‑step claims process

Outlining the legal journey provides transparency and reassurance:

1. Free initial review – confidential discussion to assess whether your case has merit.
2. Medical record collection – detailed retrieval of antenatal, labour, delivery and neonatal files.
3. Independent medical expert assessments – specialist opinions to establish negligence and causation.
4. Letter of claim– contacting the hospital or trust with relevant evidence to put forward details of the claim.
5. Early or interim payments – securing early financial support for therapy and household adaptations.
6. Negotiation or settlement – most cases are resolved out of court through skilled negotiation.
7. Court proceedings, if necessary – full representation in a trial, only if required.
8. Ongoing assessment – ensuring compensation reflects evolving care needs as your child grows.

What compensation covers

Help parents see the full scope of financial support they could receive:

• Ongoing physiotherapy and occupational therapy to improve limb function.
• Reconstructive or nerve surgery, including follow‑up hospital care.
• Assistive devices like custom splints, braces or specialised equipment.
• Home adaptations (ramps, widened doorways) and adapted vehicles.
• Education and transport needs, including special schooling or taxis for appointments.
• Loss of earnings, where parents have reduced work hours to provide care.
• General damages for pain, suffering and reduced quality of life.

Detailing each category reassures families that your solicitors will pursue full, lifelong support.

Why early treatment matters

Highlighting the medical importance of early intervention strengthens the case for prompt legal action:

• Physiotherapy within weeks of birth delivers the best potential for nerve recovery.
• Nerve transfer surgery, ideally within 3–6 months, can significantly improve outcomes in moderate to severe cases.
• Delays in diagnosis or treatment can limit recovery and reflect on inadequate medical care—bolstering grounds for negligence.

Emphasising urgency encourages parents to act quickly and signals your awareness of best practice in early treatment

Frequently asked questions about erb’s palsy claims

How long do I have to claim for Erb’s palsy?

You can typically make an Erb’s palsy compensation claim until your child’s 21st birthday. However, we recommend contacting us sooner rather than later so that our solicitors can gather the strongest possible evidence to support your case.

How much compensation can I claim for Erb’s palsy?

Compensation amounts vary significantly based on the severity of the injury, prognosis and ongoing requirements. At Stephensons, our solicitors will advise you clearly on the likely compensation you may receive after reviewing your child's medical conditions and individual needs.

Will my Erb’s palsy claim go to court?

Most medical negligence claims, including those involving Erb’s palsy, settle out of court through careful negotiation. However, if court action is necessary, our experienced team will represent you confidently and professionally throughout proceedings.

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

Our solicitors will assist in gathering all necessary evidence, including medical records, expert opinion and witness statements. You simply need to contact us to begin the process, and we will guide you from there.