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When Erb’s palsy results from birth injury negligence, it can affect you and your baby. Caring for a newborn brings immense joy to parents, but it can also be an incredibly difficult time. If you are dealing with the added worry of your baby’s health, you may wonder what steps you can take to relieve some of your stress. The compensation awarded in Erb’s palsy claims can help those affected to recover some of the financial losses associated with injury and seek specialist medical help.
Erb’s palsy is a condition that impacts some babies who have had a difficult birth. It involves damage to the nerves in the arm, caused by pulling a baby’s arms or head during the birthing process.
Keep reading to find out whether you have a valid medical negligence claim and what compensation may be awarded. Additionally, this guide explains how medical negligence can cause Erb’s palsy and the complications associated with this condition.
Furthermore, you can learn the time limit for making a birth injury claim and what evidence you will need to provide.
Finally, we explain what a No Win No Fee contract entails. This is an excellent form of fee agreement that offers a financially accessible route to legal representation. You can enquire with our advisors about the benefits of working with a No Win No Fee solicitor and find out whether you can start your claim today.
A friendly advisor can assess whether you can make a claim on behalf of your child around the clock. To speak to an advisor now:
- Ask a question in our live chat.
- Fill out our contact us form.
- Call 0161 509 2856
Jump To A Section
- Can I Claim For Erb’s Palsy On Behalf Of My Child?
- How Much Compensation Is Awarded In Erb’s Palsy Claims?
- What Could Erb’s Palsy Compensation Help With?
- When Does My Child Get Compensation?
- How Can Medical Negligence Result In Erb’s Palsy?
- What Complications Can Erb’s Palsy Cause For My Child?
- How Long Do I Have To Make An Erb’s Palsy Birth Negligence Claim?
- What Evidence Should I Get To Prove Erb’s Palsy Was A Result Of Negligence?
- No Win No Fee Erb’s Palsy Compensation Claims
- More Information
Can I Claim For Erb’s Palsy On Behalf Of My Child?
Yes, as the parent of a child who has been impacted by Erb’s Palsy, you can make a claim on their behalf as a litigation friend. This term refers to a person who makes a claim on behalf of someone who is unable to handle the claim themselves.
When acting as a litigation friend for your child, you will be required to make decisions in their best interest. You will also need to communicate with the solicitor representing the case.
Your child must meet the following criteria in order for you to claim on their behalf:
- A duty of care was owed to your child
- A medical professional failed to meet the required standard of care when treating them
- This caused your child to suffer from Erbs Palsy
All medical professionals owe a duty of care to provide treatment that meets the correct standards to the patients they treat, so this applies to both mother and child during birth. The General Medical Council (GMC) provides guidance to doctors with the aim of helping them to provide adequate care.
Speak with an advisor today to further discuss when Erb’s Palsy claims are valid to proceed. They will assess your specific case and let you know whether you can work with an expert medical negligence solicitor here at Advice.
How Much Compensation Is Awarded In Erb’s Palsy Claims?
The amount of compensation awarded in Erb’s Palsy claims depends on the valuation of 2 heads of claim. General damages are the first part of the compensation to consider. This legal term refers to the compensation that is awarded for the pain and suffering your child has experienced. If they will continue to suffer in future, legal professionals will include this in their assessment.
We have included some figures from the Judicial College Guidelines (JCG) in our list below. This legal document provides compensation guideline brackets for medical negligence claims. These are provided alongside different injuries and their severities.
When reading these figures, you must not think of them as a guarantee of the compensation you may receive. These have only been included to provide you with a guide.
If you are seeking a more tailored estimate of what compensation could be awarded for your child’s case, you can speak with an advisor at any time. They can carry out a free case assessment to discuss the specifics of how Erb’s palsy has impacted you and your child.
Please note that the first figure we have included did not come from the JCG.
- Up to £1,000,000+ for multiple injuries and the associated financial losses (such as a loss of income)
- Severe arm injuries, involving harm to the brachial plexus that just falls short of requiring amputation, are paired with a bracket of £117,360 to £159,770
- Between £80,240 and £159,770 for severe (ii) neck injuries, such as permanent damage to the brachial plexus
- Injuries resulting in shorter durations of paralysis that lead to the death of a young person have a guideline figure of £60,210
- From £23,430 to £58,610 in cases of severe shoulder injuries, which are often associated with issues impacting the brachial plexus
- Serious shoulder issues are paired with a guideline bracket of £15,580 to £23,430. These involve damage to the lower area of the brachial plexus, resulting in pain in the neck and shoulder.
What Could Erb’s Palsy Compensation Help With?
Erbs palsy compensation can help to reduce the financial stress associated with injury. This part of the compensation is called special damages. Where general damages are always awarded in successful claims of this nature, the inclusion of special damages depends on the nature of the case.
Keep reading this section to learn about the different costs that can be recovered. It is also important to note that, in order to add these to your child’s claim, you will need to provide proof of each expense. This can include bank statements and receipts.
Cost Of Medical Treatment
Your child may require specialist medical care in order to treat their symptoms. In severe cases, surgery may even be required. The compensation awarded in Erb’s Palsy claims can help parents to seek out treatment without the worry of affording it.
You may also accumulate travel expenses when going back and forth to medical appointments. This is another factor that can be covered under special damages.
Cost Of Care
You may need to hire a professional caregiver to help you care for your child if their condition is causing further complications. This is another expense that can be included, as it would not be required had medical negligence not occurred.
Rehabilitation Costs
Rehabilitation methods may be recommended to ease your child’s experience of Erb’s Palsy. This may apply to physiotherapy, which can help to stimulate the nerves in the arm. Should you seek guidance from private physiotherapists, you should keep your proof of payment in order to add this to your medical negligence claim.
Home Adaptations
Sometimes, the effects of Erb’s Palsy persist into childhood and adulthood. You may need to adapt your home in order to make it livable for your child. For example, sufferers of Erb’s Palsy may benefit from digital locks as they require less dexterity than regular house locks.
What Can I Claim For As A Parent?
As a parent, you may have taken time off work to give your child the care they need. You can provide copies of your previous payslips to show the income that you have lost out on.
You may need to continue taking time off work or lose out on career opportunities in order to give your child the care that is required for their condition. This can also be considered as part of the medical negligence claim.
If you have any queries about the different types of costs that can be recovered under Erb’s Palsy claims, speak to our team today. This gives you the chance to outline the specific financial impact that you have experienced.
When Does My Child Get Compensation?
Typically, your child will receive their compensation once they reach the age of majority. Read this section for further details on how your child’s compensation money will be held and what protections are in place.
Court Funds
Erbs Palsy claims often require compensation payouts to be held in a Court Funds Office account. The court will be required to approve the settlement. Following this, the money will typically be invested to earn interest.
Once your child reaches the age of 18, they will be given access to the money in the account. The purpose of this is to protect your child’s money until they are old enough to handle it themselves.
Personal Injury Trusts
Another way that your child’s compensation may be protected is by the establishment of a personal injury trust (PIT). Sometimes, the court determines that a PIT is a better option than a Court Funds Office Account, but this depends on what is best for your child’s specific case.
If you have any queries about the different ways of managing your child’s compensation, please speak with an advisor today for further details.
How Can Medical Negligence Result In Erb’s Palsy?
Erb’s Palsy claims involve instances where a medical professional has not provided adequate care during birth. You may wonder, ‘What circumstances are classed as medical negligence?’. Read below for some examples:
- The use of excessive force- if delivery is difficult, a medical professional may pull the baby too hard during the process. This can stretch the nerves in the baby’s brachial plexus. This can also result in broken bones.
- A lack of informed consent- medical professionals are required to explain the risks to you if they are about to take actions that may cause health complications for you or the baby.
- Improper use of medical tools – this could apply to the incorrect use of vacuum extraction or forceps. Medical professionals should be careful when using medical equipment to intervene.
- Failure to have an adequate response during a complicated birth- for example, it may be clear that natural birth is not safe and a Cesarean section would be required. If a doctor fails to recognise this or delays surgery, this may result in injuries.
Erb’s Palsy Medical Negligence Statistics
Between 2018 and 2023, a total of 134 Erb’s Palsy claims were made against the NHS. The total compensation paid out during this period for claims of this nature was £91,242,214.
These statistics have been provided by the NHS Resolution panel, which is the body that manages claims made against the NHS for medical negligence. They use this data to highlight areas where the NHS can improve patient care.
You can speak with our advisors today about the causes we have included. If your specific case was not covered, there is no need to worry. Get in touch today to find out whether your case is valid to proceed.
What Complications Can Erb’s Palsy Cause For My Child?
Erb’s Palsy can cause various complications. Typically, a child will have a complete recovery from the condition. However, sometimes the condition persists into childhood and even adulthood.
The effects of Erb’s Palsy can include:
- Weakness of the arm muscles
- Reduced motion or paralysis of the arm
- Numbness
You should consult a specialist to determine the severity of your child’s condition. Surgery and physiotherapy may be recommended to alleviate symptoms.
If you have any questions about the symptoms associated with Erb’s Palsy, please speak to our advisory team at your earliest convenience.
How Long Do I Have To Make An Erb’s Palsy Birth Negligence Claim?
As we have stated earlier in this guide, you may also wish to claim on their behalf before they turn 18.
If your child makes an Erb’s Palsy claim in future, they will not be able to do so themselves until they reach the age of 18. Starting from the date of their 18th birthday, they will then have a 3-year time limit to start their case. This is established under the Limitation Act 1980.
If you’re unsure which route would be better suited to your situation, our advisors are available to provide you with additional information.
What Evidence Should I Get To Prove Erb’s Palsy Was A Result Of Negligence?
Erb’s Palsy claims require you to give evidence in order to proceed. This must prove the impact that the condition has had on your child and the negligent treatment that caused it. Your evidence may include:
- A copy of your medical information/records and maternity notes
- A copy of your child’s medical records
- Contact details of people who witnessed the birth injury negligence occur
- A diary of symptoms
- Copies of correspondence you have received from the hospital (sometimes, a health facility will contact you to confirm that you experienced negligent treatment)
- Images of the injuries sustained
A Bolam test may also be recommended. This is where a panel of medical professionals with the relevant expertise examine your case. They will then offer an assessment of your case and state whether they believe that your child’s condition resulted from negligent birth treatment.
You can use our free advice line to find out what evidence would be appropriate to your case and how you can access it.
No Win No Fee Erb’s Palsy Compensation Claims
Our solicitors represent Erb’s Palsy claims through No Win No Fee arrangements. You may have heard this phrase before and wondered how it actually applies to a case. Essentially, by signing a Conditional Fee Agreement (CFA), you would not be required to pay for your solicitor’s work:
- Before the medical negligence claim begins
- While the case is ongoing
- In the event that the case is unsuccessful
However, should your child receive compensation, a success fee will be taken. This is a percentage of the compensation that is paid to the solicitor representing the case. There is a legally enforced cap in place, ensuring that the largest share goes to your child.
Additionally, you may wonder what services our solicitors offer and why you should consider hiring one of them. They could benefit your child’s case by:
- Negotiating for your compensation to include the impact that Erb’s Palsy has had on your child
- Handling correspondence with the defending party in a professional manner
- Explaining complicated legal terms and concepts so that you understand what is happening throughout the process
- Assisting you with the collection of evidence (this could include gaining independent medical assessments and taking witness statements for the case)
Contact Our Advisors
We understand that your main worry will be the health of your child and your ability to provide them with the care that they need. Our advisors will approach your enquiry with the empathy that it deserves.
They have handled many similar enquiries, so do not hesitate to get in touch with any qualms you may have about starting a medical negligence claim.
Speak to an advisor today:
- Ask a question in our live chat.
- Fill out our contact us form.
- Call 0161 509 2856
More Information
Visit our other guides:
- Find out about stillbirth compensation claims
- Read about hospital prescription errors
- Visit our guide on GP negligence
External resources:
- Take a look at the NHS mental health advice
- Read the advice that the NHS offers on labour and birth
- Visit the GMC page for good medical practice
Thank you for reading this guide on Erb’s Palsy claims.
