Giving birth can be an extremely vulnerable and traumatic process. Therefore, when medical negligence occurs during the delivery, it can cause further unnecessary stress. Erb’s palsy is a condition that affects babies who have been handled with force during delivery. If you can prove that this condition occurred due to the failure of a medical professional to treat you and your baby in line with the required standard of care, you may be eligible to start an Erb’s palsy claim for your child and receive birth injury compensation.
Read our guide to find out whether you could claim on behalf of your child, with a particular look at what makes a claim eligible. We also outline average compensation figures and the different aspects of a claim that impact the amount of compensation owed.
Additionally, we give examples of how medical negligence can cause Erb’s palsy and the effects it can have on a patient. We also explain how you can start a claim, with a particular look at the evidence required, time limits and the length of time it could take to claim.
Finally, we detail the services that our solicitors offer to eligible claimants. You can get in touch with our experienced team 24/7 to find out whether you could work with one of our No Win No Fee solicitors. They have already helped our clients to gain a total of over £80 million in compensation. Enquire today to find out if they could help you too.
To speak to the team:
- Call 03301230546
- Request a call back with our claim online form.
Select A Section
- Can I Make An Erb’s Palsy Claim On Behalf Of My Child?
- Average Compensation In An Erb’s Palsy Negligence Claim
- How Medical Negligence Causes Erb’s Palsy
- How Erb’s Palsy Can Affect Patients
- How To Make An Erb’s Palsy Claim
- How Our Solicitors Can Help You Claim
- More Information
Can I Make An Erb’s Palsy Claim On Behalf Of My Child?
You could be eligible to make an Erb’s Palsy claim on behalf of your child as a litigation friend. This is a term referring to those who represent and make decisions for a claim on behalf of another person. In cases involving those under 18, the person impacted by medical negligence cannot make decisions for themselves regarding a claim.
In order to have a valid claim, you must be able to prove that:
- Your child was owed a duty of care
- A medical professional failed to act according to their duty
- Your child suffered harm that they wouldn’t have sustained otherwise as a result
Medical professionals owe a duty of care to any person they treat. This means that they are required to meet a minimum standard of care while treating you. The General Medical Council (GMC) provides guidance to help doctors enact their duty of care. If your child suffered unnecessary harm during the birth, they could have a valid case.
You can apply to be a litigation friend for your child’s case, or the court could appoint you if you are deemed suitable. You are welcome to contact our advisors if you would like to understand the responsibilities of a litigation friend further or if you would like advice on how to apply to act as one.
Average Compensation In An Erb’s Palsy Negligence Claim
The average compensation for Erb’s Palsy negligence claims is £809,485 per settlement during 2022/23 as provided by NHS Resolution. The NHS paid out a total of £14,570,727 in damages in this year across 18 Erb’s palsy medical negligence claims. However, this figure only accounts for NHS negligence claims and does not include claims made against the private sector.
When considering previous settlements, it is important to remember that these may not be relevant to the compensation claim you are making. Each claim is evaluated on a case-by-case basis. You can keep reading this guide to learn more about the different factors that must be considered when valuing compensation. This may help you to understand why compensation totals are so varied.
We recommend that you reach out to our team of experienced advisors to get a better idea of what your compensation could cover. They can analyse the varied circumstances of your claim and conduct a free case assessment. By looking at the severity of the injury and any potential costs you have incurred as a result, they can estimate the compensation you could be entitled to.
How Medical Negligence Claims Are Calculated
Compensation for medical negligence claims is divided into two heads of claim, the first of which is general damages. This covers compensation for the pain and suffering that resulted from the injury.
When assessing general damages, legal professionals may use the Judicial College Guidelines (JCG). This is a legal document that provides compensation guideline brackets based on varied types and severities of injury.
We have included some figures from the JCG in the table below. When reviewing these, please consider that they are only guidelines and do not give a guarantee of the compensation you could be entitled to. As stated, you are welcome to use our free case assessment service for a more tailored compensation estimate.
The first figure in the table below was not taken from the JCG.
| Type of Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple injuries | Severe | Up to £500,000+ | Multiple injuries paired with financial losses, such as the cost of medical treatment |
| Arm | Severe | £117,360 to £159,770 | Cases of serious injury to the brachial plexus |
| Neck | Severe (ii) | £80,240 to £159,770 | Long lasting damage to the brachial plexus where movement of the neck is impaired |
| Paralysis | Shorter durations | £60,210 | Short term cases of paralysis, including cases that involve the death of young person |
| Shoulder | Severe | £23,430 to £58,610 | Often paired with an injury to the neck whereby disability arises due to damaged brachial plexus |
| Serious | £15,580 to £23,430 | Damage to lower section of the brachial plexus which can result in pain in the neck, shoulder and elbow |
Special Damages And Your Claim
You could also be eligible to receive special damages. These aim to help you recover the costs associated with Erb’s palsy. This could include:
- Medical expenses, such as paying for prescriptions
- The cost of travel to and from medical appointments
- Adjustments made to your home to cope with Erb’s Palsy
- Care costs, including professional care or care provided by a family member
- The purchase of equipment to assist with daily life or rehabilitation
You can contact our team of advisors with any queries you may have about what Erb’s palsy compensation can cover. They have experience in handling medical negligence claims and can advise on the next steps if you meet the eligibility criteria to claim.
How Medical Negligence Causes Erb’s Palsy
We place a lot of trust in medical professionals, especially during the birthing process. Unfortunately, there are times when a medical professional does not meet the standard of care. This can result in negligent stillbirths and conditions affecting the baby, such as cerebral palsy.
Erb’s Palsy is a serious condition that occurs when a baby’s arm or head is pulled during the birthing process. This may occur when a medical professional is assisting with a difficult birth. Examples include:
- A medical professional applying unnecessary force when delivering the baby
- Using forceps incorrectly
- Pulling on the baby’s arm or neck when delivering the baby during a cesarean section (this can cause nerve damage)
- Failing to suggest a cesarean section when delivering a large or breech baby
If you’re not sure whether medical negligence occurred in your case, our advisors are available to advise further.
How Erb’s Palsy Can Affect Patients
Depending upon the extent of the nerve damage, it can result in partial or complete paralysis of the upper arm. In most cases, the child will completely recover from their condition in the long term. However, it is difficult to predict whether a child will experience permanent issues. Other symptoms affecting the arm include:
- Muscle weakness
- Nubness
- Reduced range of motion
This can also result in mental harm, especially with more long-term conditions. Please contact our advisors with any questions about the symptoms of this condition.
How To Make An Erb’s Palsy Claim
You can enquire about making an Erb’s Palsy claim by contacting one of our advisors at any time. In this section, we outline some factors that you should consider when making a claim. These include the evidence required, time limits and the length of time it could take to claim.
Gather Evidence To Support Your Case
You will need to supply evidence to support your Erb’s Palsy claim. This could include:
- A copy of your medical records or hand-held notes
- A copy of your baby’s medical records
- A diary of medical symptoms and appointments
- Letters from the healthcare facility or hospital- sometimes, a healthcare provider will provide you with a letter to confirm that they made an error
- Photographs showing the injury
- Contact details of people who witnessed the negligence occur, such as a relative who was with you during the birth. They could later be called on to provide a supporting statement for your case
You may also need a Bolam test for your claim. This is where a group of medical experts with the relevant training assess the case and state whether they believe that medical negligence occurred. Their finding may lend support to your claim.
Time Limits When Claiming
Your child could potentially start a claim themselves when they reach the age of 18. The legal time limit affecting their claim is frozen until the date of their 18th birthday, at which point they then have 3 years to claim.
There may also be an option to claim on their behalf, which we explained at the start of this guide. If you are not sure how you would like to proceed, please get in touch with our team of advisers. They can offer further details regarding both ways of claiming to help you make an informed decision.
How Long It Takes To Get Erb’s Palsy Compensation
How long it takes to get compensation is dependent upon many factors. These include:
- Whether you settle your claim outside of court or not
- If your claim does go to court, the time frame could be impacted by the court schedule
- Whether or not the defendant admits liability, if they accept liability from the start, it can make the process a lot quicker.
- Whether your child has recovered from their injuries and has a confirmed prognosis (this may be needed to assess the full impact that Erb’s palsy could have on them in future)
- The amount and type of evidence required to support your case
- The extent of the financial losses relating to the injury
Due to these factors, we cannot confirm exactly how long your Erb’s palsy claim will take. However, we can confirm that if you proceed with the representation of one of our solicitors, they will support you at each stage of the claim. You can also contact our advisors with any concerns you may have about how long it could take to claim compensation.
How Our Solicitors Can Help You Claim
Our solicitors offer great services to help eligible claimants gain compensation. These include:
- Communicating with the defending party on your behalf and representing your interests
- Keeping you informed on the status of your case and explaining anything you are unsure of
- Arguing for your compensation total to include all relevant damages
- Helping you to gather the evidence that will lend support to your claim
Additionally, they could represent you on a No Win No Fee basis. This means that, by signing a Conditional Fee Agreement (CFA), you would not be required to pay for your solicitor’s work:
- Before the start of your Erb’s palsy claim
- While the claim is underway
- If the claim fails
However, should you be successful in gaining compensation, you will then need to pay a success fee. This is the percentage of the compensation that you pay to your solicitor to cover them for the work they have done on your case.
This can cause some claimants to worry, but there is a legal cap in place to ensure that your solicitor cannot take an unreasonable cut out of your compensation. Therefore, you will keep the majority of the Erb’s palsy compensation.
If you are interested in accessing these services, our team are on hand to assist with your enquiry. They inform you whether you are eligible to proceed and could potentially connect you to one of our experienced medical negligence solicitors. All advice is offered free of charge with no obligation to follow up with us afterwards, so why wait? You could bring yourself one step closer towards gaining compensation and recovering your financial losses.
To talk about your options and next steps:
- Call 03301230546
- Request a call back with our claim online form.
More Information
For more information relating to medical negligence, you can visit some of our other guides:
- Learn about cancer misdiagnosis claims
- Find out about bowel surgery negligence
- Read about orthopaedic negligence claims
External resources
- Read the NHS guidance on labour and birth
- Visit the Erb’s Palsy group, who raise awareness for the condition and provides support for families affected
- Follow mental health guidance from the NHS
Thank you for reading our guide. We hope that you now have the information you require to make an Erb’s palsy claim.