There are several symptoms of Erb's palsy that parents should look out for if they suspect negligence on the part of medical staff during childbirth.

Among the most common signs of a brachial plexus injury, including Erb's palsy, are the following symptoms:

• A limp and paralysed arm or weakness in the arm 
• Lack of muscle control in the arm
• Decrease or loss of sensation in the arm/hand
• Lack of control of elbow or shoulder muscles
• Inability to lift the arm above head height 

More severe cases may have more noticeable symptoms, such as complete paralysis of the brachial plexus nerves. You should consider speaking to a doctor if you notice any of the above symptoms during your child's early years and a diagnosis has not already been given. Often a diagnosis is given after birth, as the clinical team will advise as to any difficulties during delivery, and then seek paediatric input after the child is born.

This injury can occur as a result of a doctor or midwife not correctly managing the condition when the baby's shoulders get stuck, and then using an incorrect procedure or, in rare occasions, excessive force to try and deliver the baby. 

Most hospitals now have a policy for dealing with shoulder dystocia, setting out clearly how it should be handled. This involves summoning senior staff, performing a large episiotomy and attempting to rotate the shoulders internally, as well as managing the delivery and manoeuvring the mother into a position to assist with the delivery. 

Treatment of Erb’s Palsy consists of physiotherapy, commencing soon after birth, and also, in some cases, surgery to try and correct the nerve damage. Sometimes even with treatment, there can be a longer-term impact of this condition.

Ellie Smith is a 21-year-old blogger and student teacher who has Erb's Palsy. We spoke to Ellie to find out what it’s like to have the injury, gather top tips for other people who have Erb’s palsy and also discover her advice for parents of affected children. You can read what she has to say here.

Keeping fit is a massive part of everyday life for millions of people around the globe, but when living with Erb's palsy, hitting the gym can be a challenge. Thankfully, the proliferation of online communities now means that people who may have previously felt unsure about how to maintain or improve their physical health can easily find top tips and inspiration.

JMW has gathered some of the best advice from influencers and fitness enthusiasts with Erb’s palsy to show that the condition shouldn’t hold you back. Learn more about exercising with Erb’s palsy in our guide.

Claims for Erb's palsy are calculated based on the nature of the brachial plexus injury and the likely effects on the child's life - for example, impact upon future work in certain roles (such as joining the policy or military, which may not be possible) and any limitations on day-to-day life, along with any financial losses you have experienced as a result of your child's injury.

Compensation is broken down into two elements: general damages and special damages. General damages are awarded for the pain, suffering and loss of amenity caused by the injury. They are based on the Judicial College Guidelines, which set out a guide for all injuries, with the range of awards depending on the level of injury as well as by reference to similar case law.

Special damages cover the financial losses and expenses related to the injury, which encompass all aspects of loss sustained. For example, if you need to take time off work to look after your child, or to hire a paid carer for them (whether in the immediate future or as they get older), your lost earnings and care costs will be considered. Medical expenses for private treatment, corrective procedures or physiotherapy will also form part of the calculation, as will the costs of travel to and from appointments. If your child is likely to need future medical treatment to address their nerve injuries, equipment such as mobility aids or modifications to your home to accommodate their disability will all be considered under this aspect of the case.

Our specialist Erb’s palsy solicitors have the necessary experience to be comprehensive in our assessment of your child’s needs. We will rely on expert opinions to assess your child's needs and the associated costs moving forward, and we will gather evidence that will maximise the compensation you can claim on behalf of your child.

An Erb’s palsy compensation claim relies on strong evidence to successfully deliver the maximum amount of compensation to the injured child and their family. To secure compensation, we need to prove that your child has developed Erb's palsy as a result of negligent treatment, identify who was at fault for the injury, and outline the extent of the physical injury and any psychological injuries that may also have arisen as a result. Your solicitor will help you to gather evidence including:

• The relevant medical records from when you gave birth, and any care that was administered afterwards, particularly if it was known that the child had suffered shoulder dystocia at the time. Your solicitor will seek for labour and delivery notes that document the baby's position and progress during labour. These medical notes should also detail any use of instruments like forceps and the management of shoulder dystocia, if it was identified at the time. Neonatal assessments should also include details of arm movement and any brachial plexus injury diagnoses or referrals that were made. Midwife and obstetrician records can detail staff actions, responses to complications, and clinical decision-making during delivery, which is important evidence to review. . 
• A report from an independent medical expert is required to prove that care during delivery was substandard, and confirm that your child's Erb’s palsy likely resulted from excessive traction or mismanagement of shoulder dystocia, rather than from unavoidable birth trauma. We will also rely on specialists to comment on the severity of the injury, the likelihood of recovery, and the need for future treatment or surgery, as this will affect how much compensation you can claim.
• Witness statements from the child’s parents and carers will provide insight into the events leading up to and during the birth, and the practical impact on the child and their family.
• Photographs and videos that show the child’s physical limitations and restricted arm movement, or evidence of muscle wasting over time, can help to illustrate the ongoing impact of the injury, particularly in younger children.
• Records of physiotherapy, occupational therapy, and surgical intervention can demonstrate:
• The extent of functional impairment
• The time and cost of ongoing treatment
• The child’s long-term needs and adaptations required at home or school

This helps to quantify the special damages component of the claim.

• To claim for financial losses, it also helps provide receipts or invoices for private treatment or equipment, and evidence of your loss of earnings (such as payslips and employment letters) if you took time off to care for the child.

During a free initial consultation, JMW's specialist team of Erb's palsy solicitors can discuss your situation and advise you of the types of evidence you may need to collect as the case progresses.