Erb’s Palsy
Learning that your child has developed Erb’s palsy due to a birth injury can be overwhelming. You may have questions about how it happened, what it means for your child’s future, and how you can seek justice for them. The Medical Law Partnership specialises in helping families like yours navigate the legal process of an Erb’s palsy compensation claim to secure the compensation your child deserves.
How Common Are Erb’s Palsy Compensation Claims?
Erb’s palsy occurs when the brachial plexus, a network of nerves controlling arm movement, is damaged during birth. While some cases occur naturally, others result from medical negligence, including:
- Excessive force during delivery
- Failure to act when complications arise
- Incorrect use of birth-assisting tools, such as forceps or vacuum extractors
Erb’s palsy can affect your child in different ways, depending on the severity of the nerve damage. Some children regain movement over time, while others face long-term challenges, including weakness, limited mobility, or even permanent paralysis in the affected arm. This can impact everyday activities like dressing, writing, or playing sports.
Beyond physical limitations, your child may need ongoing therapy, specialist equipment, or even surgery as they grow. The emotional and psychological effects can also be significant, especially as they become more aware of their differences. Compensation can help cover medical treatments, adaptive devices, and support services to give your child the best possible quality of life.
At The Medical Law Partnership, we’ve handled numerous Erb’s palsy claims and understand the patterns of negligence that lead to these injuries. Our expertise means we can quickly assess whether your child’s condition was avoidable and build a strong case on their behalf.
If your child has been diagnosed with Erb’s Palsy, you may be wondering if you’re eligible to claim compensation. Parents or legal guardians can usually make a claim on behalf of their child, as the child is the one affected.
Eligibility generally depends on proving that the injury was preventable and directly linked to the care received during birth. Each case is unique, so it’s important to seek expert legal advice to understand your options and the likelihood of a successful claim.
Erb’s palsy can affect your child in different ways, depending on the severity of the nerve damage. Some children regain movement over time, while others face long-term challenges, including weakness, limited mobility, or even permanent paralysis in the affected arm. This can impact everyday activities like dressing, writing, or playing sport.
Beyond physical limitations, your child may need ongoing therapy, specialist equipment, or even surgery as they grow. The emotional and psychological effects can also be significant, especially as they become more aware of their differences. Compensation can help cover medical treatments, adaptive devices, and support services to give your child the best possible quality of life.
Starting a claim might feel daunting, but we’re here to make it as straightforward as possible for you. The first step is to contact us for a free, no-obligation consultation. We’ll listen to your child’s story, review medical records, and consult independent experts to determine whether negligence occurred.
If we believe your child has a valid case, we’ll guide you through the legal process with compassion and clarity. You won’t have to worry about upfront costs as we work on a no win, no fee basis, meaning we only get paid if we secure compensation for your child. Our team will handle all the legal complexities while keeping you informed at every stage.
Yes, there is a time limit for making a claim for Erb’s Palsy caused by medical negligence. In most cases, you have three years from the date of the injury, or from the date you became aware that the injury was caused by medical negligence, to start a claim.
The clock usually starts when a parent or guardian can make the claim on their behalf. In many cases, claims must be made before the child’s 21st birthday, giving families additional time to gather evidence and seek legal advice.
Compensation is designed to cover all the ways Erb’s palsy may affect your child’s life, both now and in the future. These can include:
- Medical expenses – Surgery, physiotherapy, and specialist consultations.
- Adaptive equipment – Prosthetics, braces, or modified clothing.
- Home and vehicle modifications – If your child needs wheelchair access or other adjustments.
- Loss of future earnings – If their condition limits career opportunities.
- Pain and suffering – Recognising the emotional and physical impact of their injury.
Every child’s needs are different, so we’ll work with medical and financial experts to calculate a fair amount that ensures your child is supported appropriately for life.
The duration of a claim varies depending on factors like the severity of the injury your child has suffered and whether the NHS Trust or medical provider admits fault. Some cases settle within 2-4 years, while others take longer if they go to court. We always aim to resolve claims as quickly as possible without compromising on the compensation your child deserves.
While waiting can be difficult, securing the right outcome is crucial for your child’s future. We’ll keep you updated throughout the process and fight to achieve the best result for your family.
Taking the Next Step
If you believe your child’s Erb’s palsy was caused by medical negligence, you don’t have to face this alone. The Medical Law Partnership are here to help you seek justice and secure the resources your child needs to thrive.
Support is just a call away. Contact us now and let us help you find clarity and take the next steps forward.
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