Erb’s Palsy Compensation Claims: Seeking Justice for Your Child’s Birth Injury

What is Erb’s Palsy?

Erb’s Palsy, also known as Brachial Plexus Paralysis, is a condition caused by damage to the network of nerves near the neck that control the muscles of the shoulder, arm, and hand.

The injury typically occurs during a difficult birth when the baby’s shoulder becomes stuck behind the mother’s pelvic bone—a complication known as shoulder dystocia. If medical staff use excessive force to pull the baby out, these delicate nerves can be stretched, bruised, or torn.

Was it Medical Negligence?

Not every case of Erb’s Palsy is a result of negligence. However, many cases are preventable. Medical staff have a duty of care to follow strict protocols when shoulder dystocia occurs.

You may have a claim for medical negligence if:

• Failure to Screen: Doctors failed to identify risk factors during pregnancy (such as a large baby or gestational diabetes) that should have prompted a planned C-section.

• Excessive Force: Midwives or doctors used inappropriate manual force or "tugging" on the baby’s head during delivery.

• Lack of Skill: The medical team failed to perform standard emergency manoeuvres (such as the McRoberts manoeuvre) to safely dislodge the shoulder.

• Delayed Action: A failure to recognize the emergency quickly enough, leading to avoidable injury.

Why Make a Compensation Claim?

Raising a child with Erb’s Palsy can involve significant physical, emotional, and financial challenges. Compensation isn't just about "suing the NHS"; it is about ensuring your child has access to the resources they need to thrive.

A successful Erb’s Palsy claim can cover:

• Specialist Physiotherapy: Regular sessions to improve muscle strength and range of motion.

• Surgical Costs: If nerve grafts or muscle release surgeries are required.

• Occupational Therapy: Helping your child adapt to daily tasks as they grow.

• Specialist Equipment: Aids to help with schoolwork or hobbies.

• Loss of Future Earnings: If the injury limits your child’s career options in adulthood.

• Care Costs: Compensation for the extra time parents spend providing specialized care.

How Long Do I Have to Claim?

In the UK, the standard time limit for medical negligence is three years from the date of the injury. However, for birth injuries involving children, the rules are different:

• Until the Child’s 18th Birthday: A parent or guardian can start a claim on behalf of the child at any point before they turn 18.

• Until the Child’s 21st Birthday: Once the child turns 18, they have until their 21st birthday to start a claim themselves.
  

While the window is long, we strongly recommend starting the process as early as possible while medical records are fresh and witnesses are easier to locate.

Why Choose Claim Medical Negligence?

At Claim Medical Negligence, we understand the sensitivity required when handling birth injury cases. We work with the UK’s leading medical experts to build a robust case for your family.

• No Win, No Fee: You don't have to worry about upfront legal costs. If we don’t win your case, you don’t pay our legal fees.

• Expert Knowledge: We specialise specifically in medical negligence, meaning we know the complexities of birth injury law inside out.

• Empathetic Support: We guide you through every step of the process, from gathering medical records to final settlement.

Start Your Journey Today

If your child is living with Erb’s Palsy and you believe medical errors were made during birth, don’t face the future alone.

Contact the team at Claim Medical Negligence today for a free, no-obligation consultation. Let us help you secure the justice and support your child deserves.

No Win, No Fee

We offer conditional fee agreements (CFA) or "no win, no fee" structures to make legal services more accessible to individuals who may be hesitant to claim due to financial concerns.