Erb’s Palsy Claims

Erb’s Palsy Claims

In the UK, 1 in every 750 babies are born with erb-duchenne palsy or erb’s palsy for short. Erb’s palsy is typically the result of a birth trauma that can dramatically affect the quality of your child’s life. Our specialist team of erb’s palsy solicitors is recognised by Legal 500 as one of the top medical negligence solicitors in England and Wales. We are here to help you get the compensation that you need to give your child with erb-duchenne palsy the best chance in life.

Your doctor may refer to erb’s palsy by its medical name, brachial plexus paralysis. The paralysis affects the main nerves in the arm, which are responsible for feeling and movement. Depending on the extent of the damage, the loss of movement could be spread to the full arm or only partial areas. Some babies can recover on their own, while others require extensive therapy. Rapid diagnosis and timely, controlled medical intervention can help most regain movement. However, for parents, the associated care costs are extensive. This is precisely where our compassionate and determined erb’s palsy solicitors can make a big difference to your family.

To start an erb’s palsy compensation claim, please get in touch with our medical negligence solicitors by calling 01253 766 559 or completing this form.

Can medical negligence cause erb’s palsy?

Erb’s palsy can be a result of an avoidable birth injury in some cases. Several factors can contribute to the damage caused to the nerves in your baby’s arm:

Our erb’s palsy solicitors can help you

We have extensive specialist knowledge in this complex area of law to support parents and their families. The team consists of both medical and legal birth injury experts who combine their rich knowledge to help achieve justice for clients. With in excess of 25 years’ experience as leading birth injuries specialists, we are committed to supporting families every step of the way to gain the compensation that they are entitled to meet their child’s needs both now and in the future.

We have a strong track record of securing multi-million-pound settlements for our clients following preventable incidents of medical negligence. We often feature in the news to raise awareness of maternity care issues and helping our clients to tell their story following a successful settlement.

No win no fee arrangement to support you through the claims process

We understand that some families may be reluctant to file a claim. Many of our clients have not been successful with their previous solicitors who may have failed to obtain the evidence required to win a claim. We have a strong track record of securing substantial £multi-million settlements where previous solicitors have failed or have simply given up.

If you believe that excessive force was applied during your child’s birth or that the medical staff failed to advise you about the associated risks for your baby, our approachable and compassionate team are here to help. Significant birth injury claims can be pursued up to three years after your child’s 18th birthday if mental capacity has not been affected. If we believe that you have a claim, we will undertake meticulous research with independent medical experts to scrutinise the medical reports and the medical decisions made before, during, and after your child’s birth.

We understand that for most families, the thought of extensive legal costs is daunting. We operate on a no win no fee basis. We also ensure that families receive interim payments before a final settlement is secured.

To hear more from the families that we have helped click here.

For updates and to read our comments, read our news and blogs or follow us on Facebook or Twitter.

What People Say About Us

What to expect through your birth injury claims process

Initial Appointment With Our Team

After you get in touch with us, we will listen to you and discuss your situation, including the healthcare advice you were given, and any evidence of negligent treatment.

We will need to apply for your medical records from various places, including the place you had treatment, other hospitals, and your GP practice.

We will then provide an honest assessment of whether we think you have a claim worth further investigation. We will explain the claims process and the fees involved.

Building Your Case

We will start collecting evidence to support your claim. This typically includes applying for any further medical records, other documents from the hospital, obtaining witness statements and independent medical experts’ reports.

Sending a Letter of Claim

Once the facts of the case are clear, we will contact the NHS Trust or healthcare provider to inform them a claim is being investigated. The Letter of Claim (LOC) will set out the details of the alleged medical negligence and the injuries caused.

The Defendant’s Response

The Defendant is required to respond to our Letter of Claim (LOC) within four months. At this stage, they will either accept full, or partial, liability and may offer a financial settlement, or deny responsibility.

Issuing Court Proceedings

If the Defendant denies responsibility, or does not offer a sufficient settlement amount, we can then issue court proceedings on your behalf to take the claim further. The Defendant will be given 28 days to respond, and the court will then set a hearing date, usually around 18 months from when proceedings are initiated.


It is important to note that while issuing court proceedings is an essential step, it is rare that you will need to attend a hearing as most claims that reach this stage can be resolved with a pre-trial settlement.

Court Timetable

The Court will then set a timetable for the exchange of evidence in the case. We will exchange any witness statement taken from you, and receive the witness statements (if any), of the clinicians involved in your care.

There will then be an exchange of medical expert evidence. Each party can obtain independent medical expert reports in each relevant discipline. For example, in a birth injury claim, both parties would have commissioned reports from independent obstetricians. We disclose the report we have obtained on your behalf and the Defendant has to disclose the report they have obtained.

The independent experts then have a meeting, separate to each party’s legal representatives, to narrow the issues for the Judge in the event the case goes to a trial. After this meeting, the medical experts have to produce a jointly written statement to provide to the Judge.

Settlement Negotiations

It is usual procedure to attend some form of pre-trial settlement resolution with the Defendant, either in the form of a settlement meeting, or a mediation. We have a very strong track record of negotiating pre-trial settlements and will explore every potential avenue to do so if your claim reaches this stage.

If your claim settles at this stage and involves a vulnerable party, such as a child or an adult with a brain injury, an approval hearing will be held by a High Court Judge to approve the settlement reached.

Trial By Judge

If your claim cannot be resolved outside a court hearing, we can offer experienced, and highly skilled, advocacy to secure the best possible outcome for your family.

Quantification Of Your Claim


Most claims are resolved in full through the above process. However, very complex claims, including birth injury claims, require an additional step to assess the quantification (value) of the claim.

For birth injury claims, additional independent medical experts will be required to assess issues such as life expectancy and care needs, and the process above will be repeated for the stage of quantification.

Latest News & Blogs

Cover for Diane Rostron at Addies Solicitors
Diane Rostron at Addies Solicitors

Diane Rostron at Addies Solicitors

Complex birth injuries specialist with 25+ years' expertise. Recognised by Legal 500.

Contact Us

Start Your Journey Today

To start a compensation claim today, or for more information simply complete the form below.