MEDICAL NEGLIGENCE

Understanding brachial plexus injury claims: A comprehensive guide

Author Leanne Devine Partner, Solicitor and Birth Injury Team Leader

Last Updated 9th July 2026

For Every Birth. For Every Baby. For Every Family.

A Brachial plexus injury can significantly affect children, often resulting from trauma during birth.

These injuries can lead to significant physical limitations and emotional distress, impacting daily life and future prospects. Understanding the legal process for seeking compensation is crucial for affected individuals and their families. Our aim is to equip you with a thorough understanding of the causes of brachial plexus injuries, the legal considerations involved, and the claims process. By delving into these aspects, we hope to empower you with the knowledge needed to navigate this complex terrain and pursue the compensation you deserve.

Understanding brachial plexus injuries

According to John Hopkins Medicine, the brachial plexus is a network of nerves originating from the spinal cord in the neck, and is a vital part of the brachial plexus anatomy, extending through the shoulder, arm, and hand. Various types of injuries can affect this complex network, including stretching, tearing, or compression of the nerves. Depending on the severity and location of the brachial plexus injury, individuals may experience symptoms ranging from mild weakness or numbness to complete loss of function in the affected limb. Moreover, brachial plexus injuries can have profound long-term effects on an individual’s quality of life, impacting their ability to perform daily tasks, engage in work or recreational activities, and maintain independence. Chronic pain, muscle atrophy, and limited range of motion are common challenges faced by those with brachial plexus injuries.

An expert overview of brachial plexus injuries at birth

At Fletchers, we have supported many families affected by brachial plexus injuries at birth, and we understand how devastating this type of newborn birth injury can be. A brachial plexus injury happens when the network of nerves that controls movement and sensation in the shoulder, arm, and hand is stretched, torn, or damaged during delivery. Often associated with complications such as shoulder dystocia or the use of forceps and ventouse, these injuries can leave a lasting impact on both the child and their family.

Signs of a brachial plexus injury in newborns

From our experience working with families, the signs of brachial plexus injury in newborns often become apparent soon after birth. These may include:

Limited or no movement in one arm
A limp arm held close to the body
Reduced grip strength in the affected hand
Absence of reflexes or sensation on the injured side

Recognising these brachial plexus injury newborn symptoms early is vital, as timely treatment can make a significant difference in recovery.

Brachial plexus injury newborn symptoms

The symptoms of a brachial plexus injury in newborns can vary in severity. We’ve seen cases ranging from temporary weakness that improves with therapy, to severe nerve damage leading to permanent disability. Common symptoms include:

Weakness or partial paralysis in the shoulder or arm
Lack of sensation or reduced reflexes
Difficulty moving the wrist or elbow
Ongoing discomfort or pain as the child develops

Every case is different, which is why we work closely with medical experts to fully understand the extent of the injury and its long-term impact.

Brachial plexus injury newborn treatment

Brachial plexus injury newborn treatment usually starts with conservative care, such as physiotherapy and occupational therapy, to help restore strength and flexibility. We’ve seen many children make significant progress with early, consistent rehabilitation. However, in more serious cases — where nerves are ruptured or torn — surgery may be required to repair or graft the damaged nerves.

Our role as solicitors is to ensure families can access the specialist treatment and therapies their child needs, both immediately and throughout their lifetime. This includes securing funding for physiotherapy, surgical intervention, and ongoing support services.

What can a brachial plexus injury cause?

The long-term effects of a brachial plexus injury in newborns can vary widely. While some babies recover within months, others may be left with lasting disabilities. In our work, we have seen cases where these injuries contribute to conditions such as Erb’s palsy, which causes weakness or paralysis in the arm, and in severe instances can overlap with conditions like cerebral palsy when brain injury is also present.

Possible long-term consequences include:

Permanent weakness or paralysis in the affected arm
Restricted range of motion and reduced independence
Developmental delays in motor skills
A need for lifelong therapy, specialist equipment, or adapted living arrangements

These cases highlight the importance of legal expertise. By building strong claims, we help families secure compensation that reflects not just immediate medical needs, but also the lifelong care and adaptations that may be required.

Causes of a brachial plexus injury

Brachial plexus injuries can stem from a variety of causes, each presenting unique risks and circumstances. birth injuries represent a significant cause, often occurring during difficult deliveries where excessive force is exerted on the infant’s shoulders or neck, leading to nerve damage. Additionally, medical negligence during surgical procedures could also result in brachial plexus injuries. Risk factors for brachial plexus injuries include large birth weight, breech presentation during childbirth, maternal diabetes, and prolonged labour. Understanding these various causes and associated risk factors is essential for prevention, early detection, and appropriate management of brachial plexus injuries.

Sources: Nemours Kids Health & Cerebral Palsy Guidance

Legal considerations in brachial plexus injury claims

Essential elements in these claims often include demonstrating negligence or fault on the part of a healthcare provider, caregiver, or responsible party. This can involve proving that proper medical standards were not met, resulting in the injury. Additionally, gathering compelling medical evidence, expert testimonies, and documentation of the injury’s impact on the individual’s life is crucial. Timeliness in filing claims within the three-year time limit (or until a child turns 21) and working with experienced legal professionals well-versed in personal injury law can significantly enhance the chances of a successful outcome. Overall, the strength of evidence, the severity of the injury, and the effectiveness of legal representation are pivotal in determining the success of brachial plexus injury claims.

Brachial plexus injuries & medical negligence

Medical negligence occurs when healthcare professionals, including doctors, nurses, or midwives, fail to provide a standard level of care, resulting in patient harm. In the context of brachial plexus injuries, medical malpractice may occur during childbirth, surgical procedures, or medical interventions. Examples include excessive force during delivery, improper handling of the newborn, or negligence during surgical procedures involving the shoulder or arm. Additionally, failures to diagnose or treat conditions that could lead to brachial plexus injuries may also constitute medical negligence.

Standard of care & brachial plexus injuries

The standard of care expected from medical professionals refers to the level of treatment and attention that a reasonably competent healthcare provider would provide under similar circumstances. When this standard is not met, and a breach occurs, it can form the grounds for a successful medical negligence claim. For example, in the context of brachial plexus injuries, the standard of care may require healthcare professionals to properly assess and manage complications during childbirth, ensuring the safe delivery of the baby. If a healthcare provider fails to meet this standard by, for instance, applying excessive force during delivery or failing to identify risk factors for injury, they may be held liable for medical malpractice. Demonstrating how the healthcare provider’s actions deviated from the expected standard and directly contributed to the injury is crucial in establishing a successful claim.

Statute of limitations & brachial plexus injury claims

When pursuing a medical negligence claim for brachial plexus injuries, it’s crucial to be mindful of time restrictions. Typically, there’s a three-year window to file a claim, starting from either the date of the negligent care or the date you became aware of it causing injury or illness. However, exceptions exist, particularly for minors or individuals lacking the mental capacity to initiate claims independently. In such cases, the three-year restriction might not apply. Regardless of your situation, prompt action is key. Contacting our team of solicitors as soon as possible is advised. Since medical negligence cases rely heavily on personal accounts, fresher memories enhance case strength. The sooner you reach out, the sooner we can initiate the process of building your case, increasing the likelihood of a successful outcome.

What our expert birth injury lawyer says

“Brachial plexus injuries can have a lasting impact on a child’s development and often leaves families feeling uncertain about what the future will hold. Our specialist birth injury team has extensive experience in guiding our clients through such claims, with compassion and extensive expertise, to ensure the child receives the compensation and support they need. Obtaining compensation enables funds to be available for therapy, equipment and support the child requires now, and for the remainder of their lives.” – Leanne Devine, Associate Solicitor.

How to make a brachial plexus injury claim

In the process of filing a medical negligence claim for a brachial plexus injury, several steps are involved:

Initial Enquiry: Upon submitting your enquiry, our experts will enquire about your experience and its impact on you. This helps us gain a comprehensive understanding of your situation.

Case Review: Our medical negligence specialists will assess your case to determine if you have grounds for a claim. Drawing on our expertise, we provide immediate advice based on our evaluation.

Medical Records: If your case meets the criteria, our team will request your medical records from your GP. Additionally, we’ll commence gathering evidence to substantiate your claim.

Medical and Expert Evidence: An independent report will be conducted to assess if there was a breach of duty leading to your injuries. Our experts will also evaluate the impact of your injuries on your life.

Negotiation: We’ll enter negotiations with the negligent party to seek compensation for your out-of-pocket expenses, rehabilitation costs, and future damages. In cases where negotiations fail, the court may intervene to determine appropriate compensation.

Compensation: Upon successful negotiations, your compensation is secured, enabling you to move forward from your injuries and towards recovery.

Challenges in brachial plexus injury claims

When pursuing a brachial plexus injury claim, claimants may encounter various obstacles along the way. One significant challenge is proving causation, which involves demonstrating a direct link between the negligent actions of a healthcare provider or another party and the resulting injury. Establishing liability can also be complex, particularly in cases involving multiple healthcare professionals or entities. Navigating these obstacles requires thorough documentation, expert testimonies, and legal expertise to build a compelling case and ensure fair compensation for the claimant’s losses and suffering.

brachial plexus injury compensation amounts

When it comes to brachial plexus injury compensation amounts, it is difficult to give an exact figure as every case is unique. The level of compensation will depend on the complexity of the claim, the severity of the injury, and most importantly, how the brachial plexus injury has affected your child’s life both now and in the future. Factors such as the need for ongoing medical treatment, physiotherapy, specialist equipment, home adaptations, and the impact on independence will all be taken into account. As experienced birth injury solicitors, we work to ensure that any compensation reflects not only the immediate challenges but also the long-term support your child may require.

Successful brachial plexus injury claims we’ve handled

Fletchers Solicitors, renowned for their expertise and dedication, has a track record of successfully handling injury claims, ensuring their clients receive just compensation for their losses and suffering, showcased by the following cases:

Navigating a brachial plexus injury claim can be a complex and emotionally challenging process, but understanding the causes, legal considerations, and claims process is the first step toward securing the compensation you deserve. Brachial plexus injuries, whether caused by birth trauma, accidents, or medical negligence, often have life-changing impacts, but with the right legal support, justice is attainable.

At Fletchers Solicitors, our experienced team is committed to providing expert guidance tailored to your unique circumstances. From initial enquiries to securing a settlement, we will stand by your side at every stage, ensuring your voice is heard and your case is robustly represented. If you or a loved one has suffered a brachial plexus injury due to negligence, don’t hesitate to contact us. Let us help you navigate this journey and achieve the outcome you deserve—your recovery and future matter.