Erb’s Palsy claims
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Erb’s Palsy Claims
Can I claim? You may be able to claim if negligent care during delivery caused a brachial plexus nerve injury. Erb’s palsy can occur during difficult deliveries even with appropriate care, so it is not automatically negligence.
Medical Negligence Consultants is a claims management company authorised and regulated by the FCA (FRN 836324). We offer a free initial assessment and refer suitable enquiries to specialist solicitors on our panel. We are not a law firm.
Request a free call-back or call 0800 612 4970 (9am to 9pm, seven days a week).
How negligence can cause injury
- Excessive or incorrect traction on the baby’s head and neck
- Failure to use recognised shoulder dystocia manoeuvres promptly
- Delay in calling senior help
- Improper use of forceps or ventouse
- Failure to recognise relevant risk factors or plan delivery appropriately
- Inadequate documentation of delivery
What a claim must prove
- Breach of duty: care fell below the standard of a reasonably competent professional, usually assessed by an independent expert.
- Causation: the failing caused harm that appropriate care would probably have avoided.
What Erb’s palsy can mean for a child
Some babies recover movement within months; others experience lasting weakness, reduced mobility or need physiotherapy, specialist care or nerve surgery.
Who is responsible?
A claim is usually against the NHS trust or health board responsible for the maternity care.
What compensation can cover
Where a claim succeeds, damages depend on the individual harm and financial losses, including treatment, therapy, care and lost earnings where relevant. We cannot promise a result or amount.
How long do I have to claim?
The usual limitation period is three years from negligent care or the relevant date of knowledge. For a child’s injury it normally starts at age 18; different rules may apply where someone lacks mental capacity. Claims after a death have separate rules. Seek legal advice early.
How our free assessment works
- Tell us what happened. Share the information you feel comfortable providing.
- We assess your enquiry, free of charge.
- Referral to the right solicitor. If suitable, we refer you to the panel solicitor best suited to your circumstances. They explain funding and next steps.
What to gather
Maternity and delivery records, discharge summaries, physiotherapy and specialist letters, photographs and a timeline.
Erb’s Palsy Claims FAQs
Is Erb’s palsy always caused by negligence?
No. It can happen during a difficult birth even when care is good.
My baby’s arm has improved. Can I still claim?
Possibly. A claim depends on negligent care causing injury and the harm that followed, including temporary effects.
What is shoulder dystocia?
It is when the baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery and needs urgent management.
Can I claim if my child is now older?
Possibly. The three years normally starts at 18 and may not run if the person lacks capacity.
Will a claim affect my child’s NHS care?
No. Making a claim should not affect the care your child receives.
Are you a law firm?
No. We are a claims management company, FCA regulated (FRN 836324). We refer suitable enquiries to a solicitor on our panel.
How do you choose which solicitor handles my claim?
We match your enquiry to the panel solicitor best suited to your type of claim.
Is the assessment free?
Yes. If we refer you to a solicitor, they explain funding options, including any No Win No Fee arrangement, before you decide.
Related pages: Birth injuries · Cerebral palsy
Medical Negligence Consultants is FCA regulated, FRN 836324. We are not a law firm. General information, not legal or medical advice.
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