Erb’s Palsy is a condition that affects a baby after a difficult birth. The nerves in the neck, shoulder or arm are damaged due to being pulled during delivery.  In some cases, this impacts the child all the way into adulthood. You are likely reading this because you would like to know how to sue for Erb’s Palsy. Simply put, you will need to provide evidence of the negligent birth treatment and how it impacted yourself or your child.

Key Takeaways

• The NHS received 134 Erb’s Palsy medical negligence claims between financial years 2018/19 and 2022/23
• You can claim for yourself or represent a loved one (such as your baby) who has been affected by Erb’s Palsy
• Excessive force and improper use of delivery tools during labour are common causes
• If you were affected as a child, you have 3 years to claim, starting from your 18th birthday
• The compensation can account for the short and long-term effects of Erb’s Palsy, such as an impact on future employment prospects if the condition does not improve

You can contact our helpful advisors today to learn more about the medical negligence claims process. They understand that childbirth injuries can be stressful for the whole family, so they will give you the straightforward answers you need. If you are eligible to proceed, you may have the option to work with one of the solicitors from our panel. With expert legal services and guidance at every stage of the claim, why would you want to miss out?

Jump To A Section

1. How To Sue For Erb’s Palsy Compensation
2. Can The NHS Be Sued For Erb’s Palsy?
3. Examples Of Medical Negligence Resulting In Erb’s Palsy
4. How Much Erb’s Palsy Compensation Could Be Awarded?
5. How Compensation Can Help With Erb’s Palsy
6. How To Get Interim Payments For Erb’s Palsy Claims
7. How Can I Support An Erb’s Palsy Compensation Claim
8. Get Support From How To Sue
9. Learn More

How To Sue For Erb’s Palsy Compensation

To be able to sue for Erb’s Palsy compensation, it will need to be demonstrated that your baby suffered this condition due to the negligent actions of a medical professional. Essentially, you will need to ensure the case meets the medical negligence claiming criteria:

• A medical professional owed a duty of care to your child
• During delivery, they failed to meet this duty
• This caused your child to suffer pain unnecessarily

All medical professionals, whether they are a midwife, doctor or nurse, owe a duty of care to you and your child during birth treatment. This means that there is a minimum standard of care that they need to provide, such as ensuring that equipment is clean and your birthing progress is regularly checked.  Later in this guide, we provide examples of how negligent treatment can cause Erb’s Palsy, so keep reading to find out more. If they fail to do so and this causes your child to suffer unnecessary harm in the form of Erb’s Palsy during the birthing process, a claim could be made.

It is also essential that you meet the time limit for the claim. If you are seeking to claim on behalf of your child as a litigation friend, you have the option to do so until the date of their 18th birthday. From that date, since they would be able to make their own decisions for a medical negligence claim, there is a 3-year limitation period during which they can start proceedings. The Limitation Act 1980 establishes this.

Don’t worry if you’re not sure how to sue for Erb’s Palsy. Our advisors are available 24/7, so there’s no need to figure this out on your own. They can offer you a free initial consultation and may even give you the option to work with an expert medical negligence solicitor from our panel.

Can The NHS Be Sued For Erb’s Palsy?

Yes, you could sue the NHS for Erb’s Palsy, as all medical professionals need to provide you with the correct standard of care, regardless of whether working under the NHS or a private medical centre. NHS Resolution handle such claims on behalf of the NHS and keeps records of the number of claims.  

You can contact our enquiries team today to ask how to sue for Erb’s Palsy against the NHS. They understand that your child’s well-being is your priority, so they will give you the straightforward answers you need regarding birth trauma claims.

Examples Of Medical Negligence Resulting In Erb’s Palsy

Examples of medical negligence resulting in Erb’s Palsy could include excessive force, improper use of delivery equipment and a failure to arrange a caesarean section in time. See the following list for more examples:

• A failure to manage or recognise that shoulder dystocia has occurred – This is where the baby’s head has been delivered, but the shoulders are stuck behind the mother’s pubic bone. A doctor will need to make additional manoeuvres in order to deliver the child safely, and a failure to do so could result in Erb’s Palsy.
• The use of excessive force during labour – since the baby’s head, neck and shoulders are so delicate, medical professionals should take care not to apply too much pressure. Wrenching motions can damage the baby’s nerves
• Improper use of tools intended to aid delivery – if the birth is difficult, a vacuum extractor or forceps may be used. Medical professionals must take the necessary precautions when using these to avoid causing partial or complete paralysis.
• A delay in recognising the need for a caesarean section – If you have shown obvious signs that a natural delivery would pose a threat to you and/or the baby, a medical professional should recognise this and organise the surgical procedure.
• Improper handling of the baby’s head and neck – the midwife or doctor should ensure that the baby’s head is properly supported and handle the baby with care.
• A failure to assess for risks – for example, your doctor should be aware that certain women are at higher risk of their baby suffering Erb’s Palsy complications (this applies or diabetics or those who experienced shoulder dystocia during a previous birth)

At all stages of pregnancy and labour, there are certain procedures that medical professionals should take. Giving birth can be difficult for some, so you may not be sure whether you received negligent birth treatment. Speak directly with one of our empathetic advisors to discuss your experience.

How Much Erb’s Palsy Compensation Could Be Awarded?

How much Erb’s Palsy compensation could be awarded will depend on the extent of the physical, psychological and financial harm suffered. In successful Erb’s Palsy claims, the claimants received general damages. These compensate you or your child for the suffering and unnecessary pain caused due to negligent care.

In cases of more severe nerve damage, Erb’s Palsy can cause a permanent disability.  This can be accounted for when compensation is being assessed, as the award should reflect the total impact of the condition. 

When calculating general damage, legal professionals can make reference to the Judicial College Guidelines (JCG) to help them.  This sets out compensation guideline brackets for different types and severities of harm.

In the table below, we have included some JCG figures that could be relevant to Erb’s Palsy. Although you may find the figures helpful, it is important that you do not read them as a guarantee of the compensation that will be awarded to you. This is because all medical negligence claims are individually assessed so that the payout reflects the experience that the claimants has suffered.

However, you are welcome to contact our advisors for a free case assessment. They will outline the specific aspects of your case that are likely to affect the compensation paid to you. This service is offered without any strings attached, so there is no pressure to proceed after receiving your estimate.

Please note that the top entry has not come from the JCG.

Type of Harm	Compensation Guideline Bracket	Severity
Multiple types of harm resulting in financial losses	Up to £500,000+	Severe forms of harm with medical expenses, care costs and travel fees.
Arm	£117,360 to £159,770	Severe- extremely serious injuries which fall short of amputation
Neck	£80,240 to £159,770	Severe (ii) - permanent damage to the brachial plexus
	£55,500 to £68,330	Severe (iii)- significant disability caused by fractures, dislocations of severe soft tissue damage
	£30,500 to £46,970	Moderate (i)- severe immediate symptoms and chronic conditions leading to impaired functioning
Shoulder	£23,430 to £58,610	Severe- often paired with neck injuries where the brachial plexus is damaged
	£15,580 to £23,430	Serious- damage to the lower part of the brachial plexus resulting in pain to the neck and shoulder

If you have any questions regarding how to sue for Erb’s Palsy or how compensation is calculated in medical negligence claims, you can contact our advisors.

How Compensation Can Help With Erb’s Palsy

Compensation can help with Erb’s Palsy as it can reduce your financial stress, since various costs, such as payments for various therapies and specialist equipment, are recoverable. This part of the award is called special damages. The following list includes examples of other costs that you can add to the Erb’s Palsy claim:

• Medical bills- claimants undergo various private treatments, such as tendon transfers and nerve graft surgeries
• Current and future physiotherapy costs- this can help to strengthen the affected arm and recover movement
• The expense of occupational therapy- such treatment can improve a person’s independence as they learn different ways to complete daily tasks with a disability
• Payments to adapt your living space and access mobility aids- for example, splints and supports can be extremely helpful
• Specialist educational support- you may pay to get your child extra help or assistive learning tools at school
• Parental loss of earnings- there may be an impact on your earnings due to the need to take time off work to look after your child
• Potential future care expenses- in more severe cases, the compensation will account for the long-term need for additional care

Evidence will need to be presented of these costs, and could include bank statements, invoices and receipts.

Birth injury negligence can be traumatic for the whole family, so compensation can provide much-needed financial relief. Speak to our advisors today to find out how to sue for Erb’s Palsy and the different costs that the compensation could cover.

How To Get Interim Payments For Erb’s Palsy Claims

You can access an interim payment for an Erb’s Palsy claim by applying for one with the guidance of an expert solicitor from our panel. Essentially, this is an advance payment that some claimants are eligible to receive before the claim has officially settled. It can be especially helpful to those who are financially struggling to live with their child’s injuries.  

Those who may have valid grounds for an interim payment must meet specific circumstances, such as:

• It is certain that the claimants would be successful in getting compensation if a trial began
• A judge determines that the defendant owes damages
• The defending party has accepted that they are liable for the child’s Erb’s Palsy condition

Any interim payments you receive would be deducted from your final compensation settlement.

Speak with one of our advisors today to find out how to sue for Erb’s Palsy and when an interim payment is appropriate. They understand that you may be coming across a lot of new legal terms, so they are happy to explain anything you are unsure of.

What Are Child Fund Accounts?

This refers to how the Court Funds Office holds your child’s compensation until the child reaches the age of 18. As their litigation friend, you will be responsible for the account in the meantime. If you have a court order, you can access the account yourself to make payments that will benefit the child. 

When looking after a child with Erb’s Palsy, you want them to have access to the care that they need. Speak to our advisors today for more information on how to sue for Erb’s Palsy negligence and how the compensation can benefit them.

How Can I Support An Erb’s Palsy Compensation Claim

You can support your Erb’s Palsy compensation claim by giving evidence of the medical harm caused to your child and the negligent actions that medical professionals took during delivery. Providing the following can help with this:

• A copy of your and your child’s medical records- this will detail your delivery and any follow-up treatment
• Photos of your child’s arm- in some cases, the abnormal angle of the arm is visible
• Copies of correspondence from the healthcare facility- You may receive a letter to confirm the details of your negligent birth treatment
• Contact details of those who saw the negligent treatment occur- your solicitor can contact them later to provide a supporting statement
• A diary of your child’s symptoms- it can be useful to keep your own record of the impact on your child and what treatment was necessary

You don’t need to worry about proving medical negligence on your own. If you work with one of the excellent solicitors on our panel, they will explain how to sue for Erb’s Palsy negligence and explain what steps you should take to improve your chances of success, in addition to helping you gather evidence.

Get Support From How To Sue

You can get support for your Erb’s Palsy claim with us here at How To Sue. Our advisors can answer any questions you may have, offer you free advice and also connect you with a solicitor on our panel who work on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This is a great way to proceed, as there is no requirement to pay for your solicitor’s services:

• Before the Erb’s Palsy claim begins
• While the case is underway
• If you fail to get compensation

However, if you do receive compensation, you will need to pay a success fee. This is the percentage of the compensation you pay to your solicitor. There is a legal cap on the success fee to ensure the majority stays with you.

Additionally, some examples of the excellent services our panel can offer you on a No Win No Fee basis include:

• Identifying the evidence you will need and help you gather it
• Simple explanations of key stages of the legal process
• Professional handling of any communication with the defending party
• An estimate of your Erb’s Palsy compensation and strong negotiation skills to help you get this

Contact Our Advisors

If you would like to find out how to sue for Erb’s Palsy compensation, get in touch with our helpful advisory team. Whether you are seeking an estimate of your compensation payout or would like to start your claim, they can help. You could be eligible to work with a solicitor from our panel and find yourself one step closer towards getting the compensation your child rightfully deserves.

• Submit an online contact form
• Call us on 0800 408 7827
• Chat with us live using the pop-up in the corner

Learn More

Read our other medical negligence guides below:

• Find out how to sue for cerebral palsy
• Visit our birth injury guide
• Read about prescription error claims

External resources:

• Read the NHS information on Erb’s Palsy
• Raise a concern about a midwife or nurse
• Find out how to access physiotherapy through the NHS

Thank you for reading this guide on how to sue for Erb’s Palsy compensation.