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Erb's Palsy

Erb's Palsy Compensation Claims

Most pregnancies and births happen without any major complications, however, there are a wide variety of birth injuries that can happen and on the rare occasion something goes wrong.

Erb’s palsy is a serious condition that can occur during birth. With lifelong effects, it is essential that families have their questions answered and get the support they deserve.

At Hudgell Solicitors, we have helped many parents and children affected by Erb’s palsy by providing specialist legal advice to question and challenge the healthcare provided.

What is Erb’s Palsy?

Erb’s Palsy is a nerve injury that affects the movement of the shoulders, arms and hands. In most cases, the condition can be spotted as the elbow does not bend properly and is held against the body. The condition is predominantly caused by birth trauma and if there has been negligence and poor care during the birth of your child, you have the right to compensation.

Early diagnosis and intervention is essential to try to reduce further damage and to treat the condition, and whilst recovery can occur naturally, some cases may require special treatment.

Making an Erb’s Palsy Claim

We fully appreciate that no amount of money can compensate for when a child is born with a life-limiting condition.

We understand such cases can be emotionally challenging for parents and all those involved. That’s why you can rely on us for the right legal advice and support to help secure the much needed additional care, therapy and specialist equipment required.

Successful Erb’s Palsy claims include:

  • using excessive force during the delivery which results in birth injury
  • failure to carry out a caesarean section when there are clear signs one is needed
  • failure to estimate a baby’s weight correctly

The first step is to get in touch using our online claim form. From there, one of our experienced birth injury solicitors will invite you to a confidential discussion about your circumstances.

Specialist Erb’s Palsy Solicitors

We’re one of the UK’s leading medical negligence compensation claims teams. Our medical negligence solicitors have vast experience in succeeding in even the most complex of cases. Our dedicated birth injury team has a wealth of experience in navigating Erb’s palsy claims. The team works tirelessly to get you the justice and compensation you deserve.

  • Over 40 years of combined experience in handling cases involving serious injuries sustained through medical negligence, including birth injury.
  • Leaders in securing clinical negligence compensation settlements and helping clients make the best possible recovery.
  • Experienced medical negligence lawyers will take the time to understand what you’re going through.

No Win, No Fee Erb’s Palsy Claims

All Erb’s palsy claims taken by Hudgell Solicitors are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful.

If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved. The costs paid are usually a percentage of the compensation awarded and will be agreed before your case is carried out.

In recognition of our expertise in this field, we also have a contract with the Legal Aid Agency to offer legal aid to clients whose children have suffered a neurological injury including Erb’s Palsy (also known as a brachial plexus paralysis or disorder) due to medical negligence during their birth.

Find out more

Our Erb's Palsy Compensation Experts

Chris Moore Joint Head of Clinical Negligence Read more
Vince Shore Joint Head of Clinical Negligence, Hull Read more
Helena Wood Associate, Clinical Negligence Read more
Hayley Collinson Associate, Clinical Negligence Read more
Caroline Murgatroyd Associate, Clinical Negligence Read more
Lauren Dale Associate Solicitor, Clinical Negligence Read more
Michelle Tebbutt Associate Solicitor, Clinical Negligence Read more
Shauna Page Solicitor, Clinical Negligence Read more
Gemma Bontoft Litigation Executive, Clinical Negligence Read more
Kirsty Yates Litigation Executive, Clinical Negligence Read more
Nick Stojanovic Senior Solicitor, Clinical Negligence Read more


What is Erb’s Palsy?
    Erb’s palsy, also referred to as Erb’s paralysis, is a nerve injury that affects the movement of the shoulders, arms, and hands.
    In most cases, the condition can be spotted as the elbow does not bend properly and is held against the body.
Is Erb’s Palsy Always Due to Birth Injury?
    One of the predominant Erb’s palsy causes is birth trauma. Erb’s palsy is caused by shoulder dystocia, which is when the baby’s head has been born but one of the shoulders has become stuck behind the mother’s pubic bone.
    This may lead to an injury to the brachial plexus nerves and Erb’s palsy. In some cases, this can also result in asphyxia which may cause brain injury leading to cerebral palsy or even death.
How Do I Make an Erb’s Palsy Claim?
    If you or your child has been affected adversely in any way by Erb’s palsy, our birth injury solicitors and lawyers are here to listen to your experience and provide you with support.
    The first step is to get in touch. You can begin by contacting us via our claim form. You can also call us for a confidential discussion of your current situation or arrange a meeting to suit you via our online form.
    From there, your Erb’s palsy lawyer will discuss your circumstances and recommend potential ways of funding your claim from the onset, including our ‘no win no fee’ arrangement which enables people to pursue legal action without paying any money upfront.
How Can Hudgells Help Me During My Erb’s Palsy Case?
    Hudgell Solicitors has a highly experienced legal team that is supported by our own in-house medical experts – including a registered midwife – meaning we are able to fully assess cases and the standard of treatment provided.
    If we can pursue a compensation claim on your behalf, a specialist medical negligence lawyer will be assigned and dedicated to supporting you through your case. They will explain what is needed from you at each stage of the process, including what evidence and information will need to be obtained.
    Our representation sees us:
  • Carry out initial fact-finding by discussing with you what happened, what went wrong and the impact it has had on your life.
  • Inform the healthcare provider of our investigation into the care they provided, requesting relevant medical records and details of examinations and treatment.
  • Seek independent medical opinion to determine whether a mother or child’s injuries could and should have been prevented, had the proper care and attention been given.
  • Make a decision, based on evidence gathered, as to whether we are in a position to make an official claim for damages to compensate for the suffering and hardship caused.
  • Should admissions of negligence be secured, consider an application for interim payments to cover the cost of any immediate needs for a child and family.
  • Seek to negotiate a compensation settlement out of court which reflects the injury and loss caused, including damages to cover any future care and assistance required.
    From fact-finding to preparing your files should the case need to go to court, we are with you every step of the way throughout your claim.

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