Erb’s Palsy Compensation Calculator – Payouts and Amounts

Erb’s palsy occurs when nerve damage during delivery causes paralysis in a newborn baby’s arm. This typically affects movement, mobility, and grip in the affected limb, significantly impacting daily life and development. If you have found our guide to using an Erb’s palsy compensation calculator because substandard care caused your child’s birth injury, you’re likely seeking more information on making a medical negligence claim.

Doctors, midwives, and other medical professionals have a duty of care to all the patients they treat. This involves providing a level of care that reaches minimum expected standards. So, while Erb’s palsy is not always preventable, a medical professional may breach their duty if their care falls below that standard. In turn, there may be grounds to claim compensation if this breach causes avoidable and unnecessary harm.

We understand that this can be a difficult time for parents to navigate, especially if they need to take time off work. However, your family doesn’t have to face these challenges alone. Our panel of solicitors are experts in medical negligence claims, including those for Erb’s palsy, and are committed to placing clients at the centre of everything they do. Whether this is helping compile evidence or developing a care plan to support the needs of your child, they are here to help at every step of the claim. 

Our advisors are available 24/7, so please get in touch to find out how one of our solicitors could help your family.

Jump To A Section 

1. Erb’s Palsy Compensation Calculator
2. How Are Erb’s Palsy Compensation Claims Valued?
3. What Other Losses Can Erb’s Palsy Compensation Cover?
4. Examples Of Medical Negligence Resulting In Erb’s Palsy
5. What Will Be Needed To Claim Erb’s Palsy Compensation?
6. No Win No Fee Erbs Palsy Compensation Claims
7. Learn More

Erb’s Palsy Compensation Calculator

Our free Erb’s palsy compensation calculator can provide a rough estimate of a potential payout, with a particular focus on the physical and mental impact of the harm your child has endured. The figures you’d see in this compensation calculator are based on the Judicial College Guidelines (JCG), a document that publishes suggested compensation brackets for various forms of harm.

Our table also includes several brackets from the JCG. Please be aware that the top entry does not come from the JCG, and none of the listed ranges guarantee compensation. 

Type Of Harm	Severity	Compensation
Various forms of severe harm and special damages	Special damages can include medical costs, lost income, and travel expenses	Up to £500,000+
Neck	Severe (ii) - permanent damage to the brachial plexus, or loss of function in one or more limbs	£80,240 to £159,770
	Severe (iii) - permanent disability, with damage to soft tissues or ruptured tendons	£55,500 to £68,330
	Moderate (i) - fractures or dislocations causing severe immediate symptoms or chronic conditions	£30,500 to £46,970
	Moderate (ii) - permanent or recurring pain, stiffness or discomfort and the need for further surgery	£16,770 to £30,500
Shoulder	Severe - damage to the brachial plexus causing significant disability	£23,430 to £58,610
	Serious - damage to the bottom part of the brachial plexus causing pain in shoulder	£15,580 to £23,430
	Moderate - limitation of movement persisting for about two years	£9,630 to £15,580
Fracture of Clavicle	Residual symptoms, whether the injury is temporary or permanent and the extent of the fracture will all be considered	£6,280 to £14,940

If you’d like a more tailored discussion of Erb’s palsy compensation, feel free to have a chat with one of our empathetic advisors.

How Are Erb’s Palsy Compensation Claims Valued?

Erb’s palsy compensation claims are valued on a case-by-case basis by assessing the severity of the harm, the impact on daily life, and the financial impact of the birth injury. The starting point for any compensation payout is general damages, which cover the pain and suffering caused by the unnecessary harm.

Solicitors can value general damages by using medical records and the JCG. In particular, they will consider:

• The nature of the harm
• How Erb’s palsy has affected quality of life and development
• The prognosis and the long-term outlook for the harm suffered
• Whether a full recovery is possible
• What symptoms persist, and how severe they are

You can learn more about how general damages are valued and the benefits of using our Erb’s palsy compensation calculator by having a chat with an advisor today.

What Other Losses Can Erb’s Palsy Compensation Cover?

Under special damages, Erb’s palsy compensation can also cover any financial losses resulting from the unnecessary harm endured. These costs can only be claimed for as long as there is evidence of the losses, such as payslips to prove lost income, receipts to show the costs of private medical procedures, and bank statements to show any costs incurred for home accessibility adaptations. 

Below, we discuss specific costs that can be claimed for in the event of successfully claiming medical negligence compensation.

Lost Income

Special damages can also reimburse parents for lost income directly resulting from the avoidable harm their child suffered. This impact will consider:

• Base pay
• Overtime
• Bonuses
• Pension contributions

Future Loss Of Earnings

There may also be a future loss of earnings if you have needed to become your child’s full-time carer. This can also factor in any other impact on earning potential.

Medical Costs

In some cases, Erb’s palsy can lead to long-term medical costs if there is a need for privately funded treatment. Such out-of-pocket costs can include:

• Private surgery to repair nerve damage
• Neuromuscular electrical stimulation to build muscle strength
• Botox treatments to improve movement
• Prescriptions, such as neuropathic pain medication

Care Expenses

If your child requires day-to-day assistance from professionals or family, then these care expenses can also be factored into special damages. Professional care can quickly add up, particularly if there is a long-term need for daily support in the home.

Rehabilitation And Assistance

Erb’s palsy compensation can also cover the cost of rehabilitation and assistance needed to improve movement and build muscle strength. This can encompass:

• Physiotherapy
• Occupational therapy
• Hydrotherapy

Car Or Home Adaptations

Any car or home adaptations can also be valued in special damages. Depending on the severity of the Erb’s palsy, your child may need car or home adaptations to support their independence and improve accessibility. These might include:

• Lever handles or digital locks
• Seats for the bath or shower
• Grab bars
• Voice-activated technology
• Adaptive seating

Travel Expenses

Children with Erb’s palsy typically require medical treatment, and special damages can reimburse any travel expenses incurred from attending appointments. These costs might include:

• Taxi fares
• Bus or train tickets
• Petrol and parking fees

If you’d like to learn more about special damages, why not have a chat with our advisory team? They can also discuss our Erb’s palsy compensation calculator in more detail.

Examples Of Medical Negligence Resulting In Erb’s Palsy

Excessive force, using birth-assisted tools improperly, and failing to monitor patients adequately are some common examples of medical negligence resulting in Erb’s palsy. The following scenarios show how negligence might occur and lead to a compensation claim:

• The medical team uses an improper technique when pulling on a baby during their delivery. This causes the baby’s neck and shoulders to twist, resulting in nerve damage that leads to Erb’s palsy.
• At a hospital prenatal check, midwives fail to monitor the baby’s size and miss the warning signs that a caesarean section is required. This inadequate monitoring delays diagnosis, leading to the baby suffering multiple broken bones and severe brachial plexus damage during delivery. 
• Forceps are used with too much force during delivery, leaving the baby with Erb’s palsy and permanent shoulder damage. 

These are by no means an exhaustive list of the ways in which Erb’s palsy can result from medical negligence. If you’d like to share your family’s experience, our advisors are on hand to listen. With a friendly and empathetic approach, they can review the case and see if there are grounds to claim with a specialist solicitor from our panel. 

What Will Be Needed To Claim Erb’s Palsy Compensation?

To claim Erb’s palsy compensation, evidence will be needed showing how the birth injury occurred as a direct result of substandard care. Typically, this evidence will include medical records covering prenatal care, as well as notes on the delivery and the condition’s prognosis. Other proof may be required; you can find out more by reading our evidence guide. 

Furthermore, Erb’s palsy compensation claims need to be started within 3 years of the medical negligence or the date of becoming aware of it. This is set by the Limitation Act 1980, but there are some exceptions to this general rule, which are outlined in our guide to the medical negligence time limit.

Our advisors are also available if you’d like to discuss this further or learn how our panel of solicitors can gather evidence for clients navigating the Erb’s palsy compensation claims process.

No Win No Fee Erb’s Palsy Compensation Claims

Here at Compensation Calculator UK, our panel of expert solicitors have extensive experience supporting clients in No Win No Fee Erb’s palsy compensation claims across the country. They specifically use a Conditional Fee Agreement, which offers claimants the following benefits:

• No upfront service fee payments to your solicitor for them to start working on a claim
• No service fees to pay for the solicitor’s work as the claim progresses
• No solicitor fees if the claim were to be unsuccessful 

When claims do win, our panel of solicitors deduct a small percentage from the compensation. This is their success fee, and the percentage is legally limited under The Conditional Fee Agreements Order 2013.

In addition to the benefits of claiming on No Win No Fee terms, our solicitors offer a comprehensive service that prioritises the health and needs of every client. They understand that support can make all the difference for families navigating the Erb’s palsy claims process, and they approach each case with this foremost in mind. That includes:

• Simple explanations of complex legal processes
• Tailored guidance at every stage of the claim
• Help with gathering witness statements, medical records, and other evidence
• Rehabilitation support from physiotherapists, occupational therapists, and other specialists
• Professional, expert representation throughout negotiations to secure a reflective compensation payout

Contact Us 

If you’d like to find out more about claiming compensation for Erb’s palsy, get in touch today and find out more about the services offered by our panel of solicitors:

• Call 0800 408 7826
• Contact us online
• Talk to an advisor via live chat

Learn More

Why not read our other guides to learn more about:

• How to make a cauda equina claim
• Use our misdiagnosis compensation calculator
• How to claim for pancreatic cancer misdiagnosis

Helpful external resources:

• See the midwife standards set by the Nursing and Midwifery Council
• NHS overview of shoulder dystocia
• Check the maternity care standards established by the Royal College of Obstetricians and Gynaecologists

Thank you for reading our guide on using an Erb’s palsy compensation calculator.