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Advice On Erb's Palsy Claims
Read our guide to learn how to make Erb’s Palsy claims and how our solicitors can help.
£85 million in compensation
Advice On Erb's Palsy Claims
Read our guide to learn how to make Erb’s Palsy claims and how our solicitors can help.
Who Can Make Erb’s Palsy Claims?
Erb’s palsy is not always avoidable, but sometimes, substandard medical care can be at fault for a child developing this paralysing condition. In such cases, a compensation claim can be brought on behalf of the affected child. Please continue reading to find out who can make Erb’s palsy claims and why.
Essential Information
- Erb’s palsy is typically caused by nerve damage occurring in childbirth.
- About 80-90% of children with Erb’s palsy make a complete recovery.
- Compensation may cover your child’s pain and suffering and the associated financial impact.
- There is generally a time limit of 3 years to start an Erb’s Palsy claim.
- Our solicitors offer No Win No Fee services for birth injury claims.
Get in touch with us now for tailored, sensitive advice on making a birth injury claim:
- Call us at 0151 375 9916.
- Contact us for a callback.
Can I Make An Erb’s Palsy Claim For My Child?
Yes, you can make an Erb’s palsy claim for your child, provided that the case meets certain eligibility criteria:
- The medical professional owed your child a duty of care.
- There was a breach of this duty.
- As a result, your child suffered unnecessary harm and developed Erb’s palsy.
If you haven’t heard of a duty of care before, it’s essentially the obligation that a third party has towards the wellbeing of others. In the context of medical negligence claims, that duty involves providing all patients with a level of care that meets minimum expected standards. That duty encompasses all medical professionals, including nurses, doctors, and midwives. It also applies to medical facilities, such as hospitals and clinics.
Before we continue, it’s important to highlight that not every instance of harm is the result of substandard medical care or, indeed, grounds for a claim. Later on in this guide, we’ll explore these nuances in more detail by providing some examples of potential medical negligence.
Call our advisors now to book a free consultation, where they can provide a further discussion on the eligibility criteria for claiming compensation.
How Much Compensation Is Awarded For Erb's Palsy Claim?
If an Erb’s palsy claim is successful, how much compensation might be awarded will depend on 2 types of damages:
- General damages compensate for an individual’s pain and suffering, encompassed under the term ‘harm.’ This head can also factor in a loss of amenity, essentially the impact on day-to-day activities and quality of life.
- Special damages aim to address the financial impact of that harm.
A birth injury solicitor may calculate the general damages portion of a claim by referring to the Judicial College Guidelines (JCG). This document is useful here because it can provide solicitors with a range of suggested compensation brackets for various forms of harm.
We’ve added a selection of JCG brackets in the table below. However, the table is only for guidance, and the top row isn’t from the JCG document.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Forms of Harm and Special Damages | There will be multiple instances of severe harm and financial losses like professional care. | Up to £1,000,000+ |
| Neck – Severe (i) | Featuring cases of permanent spastic quadriparesis or incomplete paraplegia. | In the region of £181,020 |
| Neck – Severe (ii) | The harm can lead to substantial loss of movement in the neck, or permanent damage to the brachial plexus, or loss of function in at least 1 limb. | £80,240 to £159,770 |
| Neck – Moderate (i) | This bracket includes harm that causes a vulnerability to further trauma, or significant impairment along with a severe limitation on activity. | £30,500 to £46,970 |
| Neck – Moderate (ii) | The harm may lead to a vulnerability to further trauma, or a need for surgery, or permanent along with significant discomfort. | £16,770 to £30,500 |
| Neck – Moderate (iii) | The neck harm is such that nuisance-like symptoms remain permanently along with a vulnerability to further trauma. | £9,630 to £16,770 |
| Arm – Severe | Harm that falls short of amputation but are so serious that they leave the individual only slightly better off than if they had lost their arm. | £117,360 to £159,770 |
| Shoulder – Severe | This is connected to harm involving the neck, featuring damage to the brachial plexus that leads to significant disability. | £23,430 to £58,610 |
| Shoulder – Serious | There is a weakness of grip or restricted shoulder movement due to damage in the lower part of the brachial plexus. | £15,580 to £23,430 |
| Shoulder – Moderate | Soft tissue damage which isn’t permanent but have significant symptoms persisting after 2 years. | £9,630 to £15,580 |
If you would like to discuss compensation, please reach out to our team today for free, confidential guidance.
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What Special Damages Can Be Awarded For Erb’s Palsy?
In a successful claim, any special damages could be awarded for Erb’s palsy if there is proof of the financial loss and its connection to the harm your child experienced.
Medical Expenses
Depending on the specifics of the Erb’s palsy, medical expenses can potentially be significant. These costs can include prescriptions, diagnostic tests, and travel to and from medical appointments. In some cases, private surgery may be necessary to repair nerves.
Rehabilitation And Recovery
Your child may require physiotherapy sessions as part of their rehabilitation and recovery, particularly to support arm and hand function. Occupational therapy may also be needed to support your child’s independence and help them adapt activities to meet their needs.
Care Costs
Some children with Erb’s palsy benefit from full-time professional care. Such costs have the potential to be substantial, especially if support is needed throughout childhood. Special damages will consider these expenses, provided there is evidence like bank statements and invoices.
Home Or Car Adaptations
Erb’s palsy can significantly affect a child’s range of motion in their hand and arm. Consequently, you may need to make home or car adaptations to improve your child’s quality of life and support their independence. For instance, you may have put in a walk-in shower or put in automatic door openers throughout the house.
Interim Payments In Erb’s Palsy Claim
An interim payment in an Erb’s palsy claim is essentially an advance on compensation paid out before a case is settled. Such payments may be necessary if there are immediate costs that have to be met, such as an urgent need to improve home accessibility:
Interim payments are only possible in situations where:
- The medical professional or healthcare provider has admitted liability.
- There is a likelihood that a claim will be won.
In order to make an application, there will need to be demonstrative evidence showing why an interim payment is required. Our solicitors understand that some clients are unsure about the steps involved in seeking interim payments, which is why they can help with the application process.
What Can The Parents Claim For?
One of the main financial costs that parents can claim for is a loss of earnings. After all, you may have needed to take more time off work to not only recover from your experience, but also to support your baby.
Taking time off work may have also led you to miss out on job promotions and work-related benefits. Special damages will consider nuances like this and can also compensate for a future loss of earnings.
No matter what loss is sought in an Erb’s Palsy claim, it must be supported with financial documentation in order to be included in special damages. That evidence can consist of receipts, payslips, and bank statements.
Speak to our advisors now for more information on how compensation can be calculated in medical negligence claims.
Are There Time Limits For Claiming Erb's Palsy Compensation?
Yes, there are time limits for claiming Erb’s palsy compensation. Specifically, the Limitation Act 1980 grants a period of 3 years for starting Erb’s Palsy claims. Those 3 years usually take effect from when the medical negligence occurred or the date that an individual becomes aware of it.
The Limitation Act makes allowances for children, as minors are unable to make a claim for themselves. In such cases, the 3-year time limit is paused until the date a child turns 18. However, parents can help their child pursue compensation during the pause by representing them as a litigation friend.
Any adult can take on the role of a litigation friend, including relatives, solicitors, and professional advocates. No matter who takes on the result, they will be responsible for making case-related decisions in the best interests of the claimant.
Call our advisors now for more information on being a litigation friend and how time limits can apply to Erb’s palsy claims.
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What Is Erb’s Palsy?
Erb’s Palsy is a condition that occurs when the baby’s arm or head is pulled during delivery. This pulling may injure the brachial plexus, a group of five nerves that supply feeling and movement to either arm. Depending on the intensity of the pull, one to five nerves may be injured. As a result, the arm may be partially to completely paralysed.
The recovery time varies depending on the extent of nerve damage. If the nerves are simply swollen or bruised, recovery can be expected within a few days to a month. 80-90% of the children make a full recovery. You may be referred to a physiotherapist for gentle arm exercises to stimulate the nerves and encourage the sensation of movement.
Erbs Palsy Symptoms
Some common symptoms of Erb’s Palsy include:
- Lack of normal movement in the affected arm.
- The muscles in the arm begin to shrink.
- Limited sensation or feeling in the affected arm.
Normally, your midwife or a paediatrician will diagnose Erb’s Palsy through a routine checkup.
Call us now for more information on medical negligence claims.
What Can Lead To Erb's Palsy Developing?
Here are some common factors which can lead to the development of Erb’s palsy:
Shoulder Dystocia
This happens when the baby’s head is delivered, but the shoulders are stuck behind the mother’s pelvis. It is essential for the doctor to look out for the signs of the shoulder, which include:
- Lack of progress: If the labour stalls because the baby is too large, the newborn child-may get stuck during delivery.
- Increase in maternal effort: The mother is pushing for a long time, but there is hardly any progress.
- Foetal elbow: If only one arm is delivered while the other remains stuck.
A medical professional may be at fault here if, for example, they fail to recognise the risk factors of shoulder dystocia or do not make a timely intervention.
Using Forceps For Delivery
Forceps shouldn’t be used if the position of the baby’s head is unknown or there is insufficient progress in descent. The premature or otherwise improper use of forceps can lead to brachial plexus damage, resulting from the baby’s neck being pulled.
Inadequate Monitoring Of Baby’s Size
If the doctor fails to notice that the baby is large in size and opts for a vaginal delivery, there is a chance that the newborn’s shoulders will get stuck.
Lack Of Urgency In Foetal Distress
Foetal distress occurs when there is a lack of oxygen or changes in movement before or during labour. This is common if the mother has certain conditions like pregnancy-induced high blood pressure or diabetes. If there are any signs of foetal distress, your medical team needs to take appropriate action. If they fail to do so, there is a risk of the foetus’ nerves getting torn.
Would you like to share your family’s experience or discuss the process of claiming against a GP or a hospital? Book a consultation with us now.
The Impacts Of Living With Erb’s Palsy
The impact of Erb’s palsy varies from child to child. Some children may experience a temporary feeling of weakness in the affected arm, which resolves with physiotherapy. In some cases, children can experience complete paralysis in the arm, depending on the severity of the nerve damage.
The affected arm is sometimes noticeably smaller, as nerve damage can slow down growth. Although the affected arm will continue to grow along with the child, it will do so at a slower pace, and the size difference may become more pronounced.
Children with Erb’s palsy may find basic tasks challenging, such as bathing, dressing, and opening tins, especially if the dominant hand or arm is impaired.
To discuss your family’s situation, please reach out to our team today. They can provide a free, sensitive assessment and discuss the options for claiming compensation.
Can Erb’s Palsy Be Treated?
Since newborns who suffer from Erb’s Palsy usually recover on their own, your doctor will frequently examine your child’s nerves to check for signs of recovery. As nerve growth and recovery are a slow process, it may take up to 2 years for any visible changes to occur.
The treatment for Erb’s Palsy may be as follows:
Surgical Treatment
Your doctor may suggest surgery on your child’s nerves if there is no improvement within the initial 3-6 months. Surgical intervention includes:
- Nerve Graft: Depending on the extent of the injury, nerve repair may be possible by bridging the gap between the two nerve ends. This is done by ‘splicing’ a donor graft from another nerve within the child’s body.
- Nerve Transfer: In some cases, it may be possible to restore some arm function by using a nerve from another muscle.
However, it is essential to note that nerve surgery may not restore complete function. Moreover, the effectiveness of surgery for older infants can depend on various factors. Many children with brachial plexus damage will continue to experience some weakness in the hand, arm, or shoulder. Additional surgical procedures may be performed at later stages to improve strength and movement.
Non–Surgical Treatment
Daily physical therapy is considered the primary treatment for Erb’s palsy. Since a baby cannot move the affected arm independently, parents must be actively involved in maintaining the muscles and joints. A doctor or physical therapist will instruct you on exercises to perform with your baby to ensure the arm remains in good condition.
Physical exercises on a daily basis usually begin when a baby is 3 weeks old. The purpose of these exercises and physical therapy is to ensure a range of motion in the hand, wrist, elbow and shoulder. This prevents the joint from becoming stiff.
Book a free consultation with our advisors if you wish to know more about surgical negligence.
The Evidence Needed For An Erb’s Palsy Compensation Claim
Here are some examples of the evidence which may help to support Erb’s Palsy claims:
- Medical records, such as ultrasound reports, prescriptions and doctor’s notes.
- Copies of your child’s red book or Personal Child Health Record (PCHR).
- Contact details of the person who accompanied you to your medical appointments or delivery. This will help in creating detailed witness statements.
- Diary entries or any other personal accounts of your difficult labour experience or your baby’s nerve injuries.
- Financial records, such as invoices and bank statements, to demonstrate special damages.
We understand that the process of collecting medical evidence seems very intimidating. However, you need not worry since our experts can provide assistance in this particular step.
Can No Win No Fee Erb's Palsy Claims Be Made?
Yes, No Win No Fee Erb’s palsy claims can be made with our special medical negligence solicitors. They work hard to ease the strain on the families of loved ones with Erb’s palsy, which is why they offer their expert services under the terms of a Conditional Fee Agreement (CFA). Such agreements include the following features:
- No solicitor fees charged to get a claim underway.
- No solicitor fees to pay during a claim.
- No solicitor fees sought in the event a claim fails.
When claims win, our solicitors take a success fee as payment for their work. It’s a fixed percentage of a claimant’s compensation and is pre-agreed before a claim starts.
Besides CFAs, our birth injury solicitors offer the following services:
- Assistance in collecting evidence. Our solicitors will also assess this proof and piece it together to build the strongest case possible.
- Communicating with the defendant’s representatives through all case-related correspondence.
- Providing expert advocacy during negotiations to secure a fair compensation settlement.
- Simplifying complex legal terms and giving clear, easy-to-understand advice.
Contact JF Law’s Birth Injury Specialists
- Call us at 0151 375 9916.
- Contact us for a callback.
More Information
Here are some more guides from our website:
- How to claim epilepsy misdiagnosis compensation.
- Information on medication error claims.
- Details on delayed cancer diagnosis claims.
We have also compiled some external links for your reference:
- NHS guidance on labour and birth.
- Details on newborn screenings by the NHS.
- Information from the government on Disability Living Allowance (DLA) for children.
Thank you for reading our guide on Erb’s Palsy claims.
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