Palsy Conditions in Newborns: When Birth Injuries Lead to Long-Term Harm

For any family, learning that a baby has suffered an injury at birth is devastating. Traumatic birth injuries leading to conditions like cerebral palsy in babies, Erb’s palsy, Klumpke’s palsy, or Bell’s palsy can have life-changing effects on a child’s development. These terms describe different types of paralysis (or “palsy”) that result from damage to nerves or the brain during childbirth. 

Below, we explain each condition, how it can occur during labour, and when it might be due to medical negligence. We also outline how families in the UK can seek personal injury compensation if substandard care caused these injuries.

Cerebral Palsy in Babies

Cerebral palsy is a condition caused by brain damage that affects movement, coordination, and other neurological functions. In babies, it often results from a lack of oxygen or blood flow to the brain shortly after birth. For instance, complications like a placental problem or a delayed delivery during a difficult labour can lead to oxygen deprivation (birth asphyxia), which injures the newborn’s brain. Cerebral palsy may not be immediately apparent at birth, but signs such as developmental delays typically become noticeable in infancy.

While many cases of cerebral palsy are not preventable, some do result from mistakes in care. Studies indicate that about 1,800 children are diagnosed with cerebral palsy each year, and an estimated 1 in 12 of those cases may be due to negligent maternity care. Medical errors – such as failing to monitor the baby’s heartbeat during labour or delaying an emergency caesarean – can cause avoidable brain injury. If a baby’s brain injury could have been prevented by proper care, parents may have grounds for a medical negligence claim.

Erb’s Palsy (Brachial Plexus Injury)

Erb’s palsy is a paralysis of the arm caused by damage to the brachial plexus nerves in a baby’s shoulder during a difficult birth. It often happens when an infant’s shoulder becomes stuck behind the mother’s pelvic bone (a complication called shoulder dystocia) and the nerves are stretched or torn as the baby is pulled out. This injury is rare – roughly 0.4 per 1,000 live births in the UK – but when it occurs, it can leave the baby with weakness or loss of movement in one arm. About half of Erb’s palsy cases are associated with shoulder dystocia during delivery. Some infants recover movement over time or with physiotherapy, while others have permanent disabilities if the nerves were severely damaged.

Erb’s palsy frequently arises from an unpredictable birth complication, but it may be caused or worsened by improper technique or excessive force by the delivering doctor or midwife. Healthcare providers are trained in special manoeuvres to resolve shoulder dystocia safely. Sometimes nerve injury is unavoidable even with proper care; however, if the team fails to perform the recommended manoeuvres in time or uses too much traction pulling the baby, the resulting damage could be due to negligence. In such cases, the child’s Erb’s palsy might have been preventable, and the family could be entitled to claim personal injury compensation for the avoidable injury.

Klumpke’s Palsy

Klumpke’s palsy is another type of brachial plexus injury, involving damage to the lower nerves in the network. Whereas Erb’s palsy affects the upper arm and shoulder, Klumpke’s palsy results in weakness or paralysis of the forearm, wrist, hand, and fingers. This injury is much rarer than Erb’s. It can occur during difficult deliveries if there is extreme traction on the baby’s arm – for example, in some breech (feet-first) births where the baby’s arm is stretched, or in a severe shoulder dystocia scenario. The newborn may exhibit a “clawed” hand or lack of grasp reflex on the affected side.

The same considerations about negligence apply to Klumpke’s palsy. If a medical professional applied undue force or failed to follow proper techniques, and this caused nerve damage, then the injury may be attributable to negligent care. In other words, if better management of the birth could have avoided the baby’s arm injury, the family may have a valid negligence claim.

Bell’s Palsy in Newborns (Facial Paralysis)

Bell’s palsy usually refers to facial nerve paralysis. In newborn babies, a facial palsy can be caused by birth trauma. For example, during a forceps-assisted delivery, pressure from the forceps blades on the baby’s face can injure the delicate facial nerve. Similarly, if the baby’s face is compressed against the mother’s pelvic bones in a long or difficult labour (due to a small pelvis or awkward position), it may result in a facial nerve palsy. The baby might have weakness on one side of the face – for instance, an eyelid that won’t fully close or an asymmetric mouth when crying.

In many cases, infant facial palsy that occurs at birth typically improves on its own within a few weeks or months. However, some babies are left with longer-term or permanent facial weakness. When a facial palsy is directly caused by a medical intervention, such as improper use of forceps or excessive force, there may be grounds to consider it negligent. If a more careful delivery technique or a prompt Caesarean could have prevented the nerve damage, families should discuss their legal options with an experienced birth injuries solicitor.

Claiming Personal Injury Compensation for Birth Injuries in The UK

In England and Wales, most birth injury negligence claims must be brought within three years of the injury. However, if the claim is on behalf of a child, the legal time limit is extended – the child has until their 21st birthday to start a claim. It’s important to seek legal advice as early as possible if you suspect your child’s palsy was caused by poor medical care. The process of making a claim for a birth injury caused by medical negligence generally involves several stages:

 

• Free Consultation With ASL Solicitors: Speak to our experienced team of birth injuries solicitors at ASL for clear, compassionate advice. In your free initial consultation, we will take the time to listen to your experience, review your maternity records, and explain whether you may have a strong claim for medical negligence.

• Thorough Investigation and Expert Support: If we take on your case, we will carry out a detailed investigation into the care you received. This includes gathering your medical records and working with independent medical experts to determine whether your child’s injury could have been prevented with proper care.

• Clear Communication and Formal Notification: We will prepare and send a formal letter of claim to the responsible NHS Trust or care provider. Our team will clearly set out the errors that occurred and how they resulted in your child’s injury, keeping you informed throughout the process.

• Strong Negotiation for a Fair Settlement: Many claims are settled without going to court. ASL Solicitors will negotiate firmly on your behalf to secure a settlement that reflects the full impact of your child’s injury, including future care, therapy, and any home adaptations they may need.

• Court Representation When Needed: If a fair settlement cannot be reached, we will represent you in court with confidence and professionalism. We prepare every case thoroughly to give you the best chance of success, but we always aim to resolve claims without adding unnecessary stress to your family.

• No Win, No Fee Peace of Mind: At ASL, we handle birth injury claims on a No Win, No Fee basis. This means there are no upfront costs, and you won’t pay any legal fees unless we win your case. You can pursue justice without financial risk.

How ASL Solicitors Can Help Your Family

In challenging times like these, having the right legal support matters. At ASL, our specialist birth injuries solicitors in Rochdale provide clear, compassionate guidance to families across Greater Manchester and beyond. We offer a No Win, No Fee service, so you can pursue justice without financial risk.

Let us handle the legal process while you focus on your family. Contact us today at 01706 711176 or email info@aslsolicitors.com to arrange a free, no-obligation consultation.