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Stillbirth Compensation Claims
Reviewed by
Peter Rigby - Managing Director of Medical Negligence | Last updated on: 20th May, 2025
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Injuries to the brachial plexus can be life-altering, affecting mobility and independence. These complex nerve injuries can occur during birth or later in life and may be caused by trauma, accidents or even medical negligence. When such injuries are avoidable and caused by medical malpractice, you may be entitled to make a brachial plexus injury claim and seek compensation.
What is the brachial plexus?
The brachial plexus is a vital network of nerves that begins at the spinal cord in the neck and extends through the shoulder and down each arm. These nerves are responsible for the sensory and motor signals that enable movement, sensation and function in the shoulders, arms, hands and fingers.
Injuries to this nerve cluster can disrupt the normal function of the arm or hand and, depending on the severity, may lead to partial or complete paralysis. Nerve damage to this area can be devastating, affecting a person’s ability to work, care for themselves and maintain a quality of life.
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What is a brachial plexus injury claim?
If your brachial plexus injury was preventable and occurred as a result of errors by healthcare providers, you may be able to file a brachial plexus injury claim and be eligible to receive compensation. This can help cover medical costs, rehabilitation or physiotherapy, loss of earnings, and pain and suffering.
What are the types of brachial plexus injuries?
The severity of brachial plexus injuries can vary depending on the cause of the injury and the force involved in the damage.
The main types of brachial plexus injuries include:
- Stretched (neuropraxia): Occurs when the brachial plexus nerves stretch mildly, but are not torn. These injuries tend to heal without surgery.
- Rupture: When the nerve has been stretched to the point where it has snapped or torn. These injuries require surgical intervention.
- Avulsion: This is the most serious scenario where the nerve root tears away from the spinal cord. Some functions will be permanently lost, and nerve transfers will be required to improve function.
What are the common causes of brachial plexus injuries?
Injuries to the brachial plexus can arise from various incidents, ranging from traumatic accidents to complications during birth.
Brachial plexus injuries in adults
In adults, these injuries are often a result of trauma that overstretches, compresses or severs the nerves within the brachial plexus. As this network is responsible for sending signals from the spinal cord to the shoulder, arm and hand, any damage can lead to significant pain, loss of movement or even permanent disability. Common causes include:
- Road traffic accidents where the neck and shoulder are forcefully impacted.
- Sports injuries, such as contact sports and falls.
- Workplace injuries, particularly those involving heavy lifting or machinery.
- Trauma during surgery or positioning while under anaesthesia.
- Cancer treatments where radiation therapy or surgical procedures. may inadvertently damage nerve tissue.
- Severe falls or blunt trauma.
Brachial plexus injuries in children
Brachial plexus injuries in newborns are medically referred to as obstetric brachial plexus injuries (OBPI). These typically occur during a difficult or traumatic delivery, when excessive force or improper handling causes damage to the nerves around the baby’s shoulder and neck. A common form of OBPI is Erb’s Palsy, which affects the upper part of the brachial plexus and can lead to weakness or paralysis in the baby’s arm.
The risk of obstetric brachial plexus injuries is higher in certain situations, such as:
- The baby’s shoulder becomes lodged behind the mother’s pelvic bone during birth (shoulder dystocia).
- Forceps or a vacuum extractor are required to assist the delivery.
- There is excessive pulling or traction on the baby’s head or neck during delivery.
- Breech births can put stress on the shoulders.
When healthcare professionals fail to manage these complications safely and a nerve injury occurs, this may be considered brachial plexus negligence and could justify a compensation claim.
What symptoms indicate a brachial plexus injury?
Symptoms of brachial plexus injury vary depending on which nerves are affected and the severity of the damage. These can range from mild sensory changes to complete paralysis of the limb. Common symptoms include:
- A loss of feeling or numbness in the shoulder.
- Muscle weakness or inability to control movement in the affected limb.
- An arm that hangs limply or lacks responsiveness.
- Burning, stinging or severe and sudden pain in the shoulder or arm following the trauma.
In newborns, the affected arm may appear limp, and the infant may avoid moving it altogether, which should be assessed by medical professionals. Early diagnosis is key, as prolonged nerve damage can lead to permanent loss of function.
How do you treat a brachial plexus injury?
Treatment for brachial plexus injuries depends on the extent of the damage. While some injuries will naturally heal on their own with sufficient rest and rehabilitation, more serious injuries might require surgery.
Non-surgical treatments
For mild to moderate injuries, non-invasive therapies will most likely be the first course of action, including:
- Physical therapy helps maintain joint mobility and muscle strength during recovery.
- Corticosteroid creams or injections to reduce swelling and relieve pain.
- Assistive devices, like braces or slings, are used to support the limb and ensure safe movement.
- Medications such as pain relief and anti-inflammatory drugs.
- Occupational therapy is beneficial in children to support developmental progress.
A tailored physiotherapy programme is essential for optimal recovery and may significantly improve outcomes over time.
Surgical treatments
Surgery may be necessary if there’s no significant improvement after several months, or if the injury is more severe to begin with (for example, if the nerves are torn, ruptured or avulsed). Common surgical approaches include:
- Nerve grafts: To replace damaged nerves with healthy ones via transplant.
- Nerve transfers: Whereby local functioning nerves are rerouted to restore movement.
- Muscle transfers: The movement of a muscle from one area of the body to another, replacing damaged muscles and restoring function.
- Decompression surgery: If the nerve is being compressed by surrounding tissue.
Post-surgical rehabilitation is crucial and often involves long-term physiotherapy.
What are the long-term effects of brachial plexus injuries in children?
If not diagnosed and treated early, brachial plexus injuries in newborns can result in long-term complications which can affect physical development and often their ability to be independent as they grow older.
What complications can occur?
Some common complications in children include:
- Limited range of motion or weakness in the affected arm.
- Permanent muscle atrophy (reduction in the size or wasting of muscle tissue).
- Abnormal arm growth where one arm is visibly smaller than the other.
- Chronic pain or neuropathy.
- Functional impairments affecting play, learning or self-care tasks.
Early intervention is critical in improving long-term outcomes, and in cases of medical negligence, securing compensation can help fund essential therapies and adaptations.
My child has a brachial plexus injury – can I claim on their behalf?
Yes, if your child’s brachial plexus injury was the result of medical negligence during childbirth, you may be entitled to claim on their behalf. Time limits apply when making a claim; for children, you have until their 18th birthday to start proceedings (or three years from that date if they want to make a claim themselves). Starting the process early ensures better access to evidence and support.
What compensation can I receive for a brachial plexus injury?
Compensation rewarded for a successful brachial plexus claim can vary depending on the severity of the injury, the impact on your life or your child’s life, and the long-term prognosis. In complex cases, particularly those involving children, compensation reaches significant sums due to the lifelong nature of the care required.
Why Choose Patient Claim Line for your Brachial Plexus Injury Claim?
Patient Claim Line was established in 2014 with a team of medical lawyers specialising in medical negligence and misdiagnosis claims.
At Patient Claim Line, we have more than 100 solicitors with a combined experience of over 400 years who will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Brachial Plexus injury claims
Our expert legal team answer your questions about making a Brachial Plexus injury claim
While some injuries are unavoidable, certain steps can be taken to reduce the risk, for example:
- During childbirth, careful monitoring of risks should be carried out to prevent shoulder dystocia and related trauma.
- In sports or manual labour, using protective gear and proper technique can lower the chance of impact-related injuries.
- Correct patient positioning and care during surgery can avoid nerve compression or stretch injuries.
In mild cases, especially where nerves are only stretched rather than torn, brachial plexus injuries can recover on their own over time. However, without appropriate monitoring and therapy, recovery may be incomplete or delayed. It is highly recommended that you seek early assessment and advice to improve outcomes and reduce the risk of long-term complications.
A brachial plexus injury can be considered a disability, especially when it results in long-term or permanent impairment of movement, strength or sensation in the affected limb. In more severe cases, individuals may experience partial or total paralysis, which limits their ability to carry out daily tasks or work-related activities.
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Case Study
Sarah's Story
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.
