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Erb’s Palsy Compensation Claims
Erb’s Palsy is a condition that affects the nerves in a baby’s shoulder and arm, most commonly occurring during childbirth. It can result in weakness, reduced movement, or loss of function in the affected arm, and in some cases the effects may be long-term.
While some cases of Erb’s Palsy can occur without any medical fault, there are situations where the injury may have been linked to how labour and delivery were managed. If you believe your baby’s Erb’s Palsy may have been caused by avoidable mistakes during birth, you may be entitled to make a compensation claim.
At Nash & Co Solicitors, our Medical Negligence team supports families in Plymouth, across Devon and Cornwall, and nationwide. We understand how distressing it can be when a difficult birth leads to unexpected and lasting complications.
Our role is to listen carefully, investigate what happened, and help you understand whether you may be able to claim compensation.
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Erb’s Palsy is a condition caused by injury to the nerves in a baby’s shoulder during birth. It affects movement and strength in the arm and can range from mild weakness to more significant, long-term disability depending on the severity of the nerve damage.
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Yes, in some cases. While it can occur naturally in complicated deliveries, Erb’s Palsy may also be linked to how labour was managed, particularly where excessive force was used or where complications such as shoulder dystocia were not handled appropriately.
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It is not always immediately clear. A detailed review of medical records, including delivery notes and foetal monitoring, is usually needed to determine whether the injury could have been prevented with different care.
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Some children recover well with physiotherapy, while others may have ongoing weakness, reduced mobility, or functional limitations in the affected arm. The long-term outlook depends on the severity of the nerve injury.
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Yes. Many parents only begin to question what happened after a diagnosis is made or when symptoms become more noticeable. A claim can still be investigated even if no issues were raised at the time of delivery.
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An Erb’s Palsy compensation claim is a type of medical negligence claim brought when a baby suffers nerve damage in the shoulder during birth and there is evidence that the injury may have been avoidable.
Erb’s Palsy affects the brachial plexus nerves, which control movement and sensation in the arm. When these nerves are stretched or damaged during delivery, it can result in weakness, limited movement, or in more severe cases, long-term impairment.
Not every case of Erb’s Palsy is caused by medical negligence. However, a claim may be possible where the injury is linked to substandard care during labour or delivery.
Examples of situations where negligence may be involved include:
Failure to properly manage shoulder dystocia
Excessive force used during delivery
Delays in performing a Caesarean section when required
Inappropriate use of forceps or ventouse
Failure to respond appropriately to signs of labour complications
A successful Erb’s Palsy compensation claim can help provide financial support for treatment, physiotherapy, specialist equipment, and long-term care needs where required.
What is an Erb’s Palsy compensation claim?
If you think this has happened to you or your child, or you want to get in touch about the details of your situation, please contact our team of professional lawyers to see if you can make a claim.
Signs You May Have an Erb’s Palsy Claim
Erb’s Palsy is often associated with complications during delivery, particularly where there is difficulty delivering the baby’s shoulders.
You may have a claim if:
There was difficulty delivering your baby’s shoulders (shoulder dystocia)
Excessive force was used during delivery
Forceps or ventouse were used in a way that may not have been appropriate
There were delays in performing a Caesarean section
The baby was too large to be delivered safely but risks were not properly managed
There were failures in monitoring or responding to complications during labour
Your concerns during labour were not acted upon appropriately
In many cases, parents only become aware of possible issues once their child shows reduced movement or weakness in one arm, or when a diagnosis is made after birth.
The value of an Erb’s Palsy claim depends on the severity of the injury and how it affects your child’s development and daily life.
In milder cases, recovery may be significant with physiotherapy and time. In more serious cases, there may be ongoing weakness, reduced mobility, or long-term functional impairment.
A claim may include:
Pain, suffering and impact on your child’s quality of life
Physiotherapy and rehabilitation
Specialist treatment or surgery
Ongoing care and support needs
Equipment or adaptations if required
Loss of future earnings in more severe cases
Each case is assessed individually, with careful consideration given to both current and future needs. A member of the team will ensure that all relevant factors are included when valuing your claim.
How Much Compensation Could Your Child Receive?
The first step is to speak confidentially and without obligation with a member of the Medical Negligence team. We will take time to understand your experience and explain whether there may be grounds for a claim.
Erb’s Palsy cases often require detailed review of maternity and delivery records, including labour notes, foetal monitoring records, and delivery documentation. Independent medical experts are also instructed to assess whether the delivery was managed appropriately and whether the injury could have been avoided.
We understand that this can be an emotional process, particularly when it involves your child’s long-term health. Our approach is calm, supportive and focused on helping you understand what happened.
Where appropriate, we may also seek interim payments to help support physiotherapy, specialist treatment, or additional care needs.
How Do I Make an Erb’s Palsy Claim?
Time Limits for Making an Erb’s Palsy Claim
When a child is affected, the usual three-year time limit does not begin until their 18th birthday. This means a claim can generally be brought at any point during childhood.
Parents or guardians can also bring a claim on behalf of their child at any stage before then.
Although there is often time to consider your options, seeking advice early can help ensure that important medical evidence is preserved and that a clear understanding of events can be established.
Choosing the right team to support you through a birth injury claim is an important decision, particularly when the case involves your child’s long-term health.
Our Medical Negligence team has experience handling complex birth injury claims, including Erb’s Palsy cases where questions arise about how labour and delivery were managed.
Based in Plymouth, we work with families across Devon, Cornwall and throughout the UK. We understand both the medical and emotional challenges that come with these cases, especially when a child may require ongoing care or support.
We take a careful, detailed approach to every case, working with independent medical experts to fully understand what happened and whether the injury could have been avoided. Just as importantly, we focus on supporting you throughout the process, so you always know where you stand and what comes next.
Why Choose Nash & Co Solicitors for an Erb’s Palsy Claim?
Our client-first approach
We understand that when a child is diagnosed with Erb’s Palsy, it can be an incredibly worrying time for parents. There is often a lot of uncertainty, especially when you are trying to make sense of what happened during birth and what it might mean for your child’s future.
From the outset, we focus on making the process as clear and supportive as possible. We take the time to listen properly to your concerns, explain things in straightforward terms, and keep you updated as your case progresses so you are never left wondering what is happening.
We also recognise that every family’s situation is different. Some children recover well with treatment, while others may need ongoing support. Because of this, we tailor our approach around your needs, your pace, and what feels manageable for you.
Our aim is not only to investigate what happened, but to help reduce some of the pressure that families often feel during the process, allowing you to focus on your child while we handle the legal side.
Additional Support
We understand that an Erb’s Palsy diagnosis can feel overwhelming, particularly when it affects your child’s ability to move or use their arm normally.
Our Medical Negligence team offers a free, no-obligation consultation where you can speak openly with a member of the team in a supportive environment.
We handle Erb’s Palsy claims on a no win, no fee basis, meaning there are no upfront costs and no financial risk in finding out whether you have a claim.
If your claim is successful, we may also be able to secure interim payments to support early treatment, therapy, or specialist care needs.
If you would like to explore whether you can make an Erb’s Palsy compensation claim, we are here to listen and guide you through the next steps at your own pace.
Erb’s Palsy Claims FAQs
Below, we have addressed the most commonly asked questions about Erb’s Palsy claims and compensation.
If you have any other questions that aren't answered here,don't hesitate to contact us.
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An Erb’s Palsy claim is usually proven through a detailed review of medical records alongside independent expert opinion. This includes looking at how labour progressed, whether complications such as shoulder dystocia were managed appropriately, and whether the injury could have been avoided with different care. A key part of the case is establishing whether the standard of care fell below what would reasonably be expected.
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Most cases rely heavily on medical documentation rather than anything you need to gather yourself. This can include maternity notes, foetal heart monitoring records, delivery records, and paediatric assessments after birth, all of which will be gathered by your solicitor. Independent medical experts are then instructed to interpret this information and give an opinion on whether negligence occurred.
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In some cases, an independent medical expert may need to assess your child to understand the severity of the injury and its impact. This is usually straightforward and arranged at a convenient time. The purpose is to help ensure any compensation reflects your child’s actual needs now and in the future.
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This is quite common in Erb’s Palsy cases. Some children improve significantly over time, while others continue to experience limitations. A claim can still be started even if the long-term outcome is not yet clear, as the case can be assessed as the medical picture develops.
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In more severe cases, ongoing weakness or reduced arm function may affect day-to-day activities, such as schooling or certain employment options. Where this happens, compensation can take into account the need for long-term support, therapy, or adjustments to help your child reach their full potential.
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The timeframe varies depending on the complexity of the case and how quickly medical evidence can be obtained. Some claims may resolve in under a year, while more complex cases involving long-term prognosis can take longer. The team will keep you updated throughout so you always know what stage your case is at.
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Rest assured, whatever medical negligence issue you're facing, we'll do our best to help you.
Give us a ring or fill in our form below to speak to a member of our team today, and get the answers you need to make your claim.
If your enquiry is urgent then please call us on 01752 827085.