Erb’s Palsy Claims
Suing the NHS or private healthcare providers for birth trauma
Our specialist solicitors offer free, no-obligation consultations to assess your case and provide expert legal guidance.
Contact us for a free, no-obligation chat.
Call us on 0333 987 4161 or submit a form below.
Understanding Erb’s Palsy and Medical Negligence
Erb’s Palsy is a condition affecting movement and sensation in a baby’s arm due to nerve damage sustained during birth. It occurs when the brachial plexus, a network of nerves controlling the shoulder, arm, and hand, is stretched or torn. This often happens in complicated deliveries, particularly when excessive force is applied during birth or when shoulder dystocia (where the baby’s shoulder becomes stuck) is not managed correctly.
While some infants recover fully with physiotherapy, others experience lasting weakness or paralysis. If medical negligence contributed to your child’s condition, you may be entitled to compensation to support their care, rehabilitation, and future needs.
When Can You Make an Erb’s Palsy Claim?
A claim may be possible if medical staff did not take proper precautions during delivery – for example, by failing to consider the baby’s size (macrosomia) or by using excessive force, which then caused injury. Examples of this kind of negligence include:
- Mismanagement of shoulder dystocia: Delays or improper techniques when a baby’s shoulder becomes stuck can result in nerve damage.
- Failure to offer a C-section when appropriate: If risk factors (such as a large baby or breech position) were ignored, leading to a difficult birth.
- Improper use of delivery tools: Incorrect application of forceps or vacuum extractors can cause excessive stretching of the nerves.
- Excessive force during delivery: Pulling too hard on a baby’s head, neck, or shoulders can damage the delicate brachial plexus nerves.
To check if you’re eligible for compensation, contact our team of specialist clinical negligence solicitors.
We will cover the costs unless we win your case.
No-win-no-fee
24/7 Support
Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim?
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Related Claims
Birth Injury Claims
Cerebral Palsy Claims
Nerve Injury Claims
Brain Injury Claims
C-Section Negligence Claims
Complications with Induced Labour
Surgical Errors
Maternity & Pregnancy Negligence
Your Questions Answered
Who can make a claim?
Parents or legal guardians can bring a claim on behalf of a child affected by Erb’s Palsy due to medical errors. If a claim is not made before the child turns 18, they can pursue it themselves until their 21st birthday.
Can adults with Erb’s Palsy make a claim?
Yes, adults can pursue a claim if their condition resulted from medical errors at birth. If they have mental capacity, they must file before their 21st birthday. If they do not, there may be no time limit. Seeking legal advice as soon as possible helps ensure a strong case.
How long do I have to make a claim?
- For children: A parent or guardian can claim on their behalf until they turn 18. After this, the individual has three years (until age 21) to bring a claim themselves.
- For adults: If the person has mental capacity, the usual time limit applies – three years from their 18th birthday. If they do not have mental capacity, there may be no time limit.
Why should I consider making a claim?
Living with Erb’s Palsy can bring challenges that require ongoing medical care, therapy, and support. Compensation can help cover:
- Specialist treatment, including physiotherapy and surgery.
- Home adaptations and mobility aids.
- Loss of earnings if a parent needs to reduce work hours to provide care.
- Future financial security if the condition affects employment prospects.
How is compensation calculated?
The amount awarded depends on several factors, including:
- Severity of the injury: Cases involving lasting mobility issues or permanent impairment tend to receive higher settlements.
- Ongoing medical needs: Costs for therapy, specialist equipment, and any required surgeries.
- Effect on daily life: Compensation reflects how the condition impacts independence and opportunities.
- Financial losses: If a parent has to leave work to provide care or if the child’s future earnings are affected.
What is a No Win No Fee claim?
A No Win No Fee agreement allows you to pursue compensation without worrying about legal costs upfront. You will only pay if the claim is successful, making it a risk-free way to seek justice.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence