Klumpke’s Palsy Claims Solicitors

Sometimes, an infant may recover from Klumpke’s Palsy without treatment. In most cases, medical intervention is necessary to prevent long-term complications. Treatment options include:

• Physiotherapy and daily arm exercises
• Medication (for the pain)
• Muscle or nerve transfer
• Nerve graft or reconstructive surgery
• Splinting and positioning of the arm
• Post-surgical rehabilitation

This treatment may lead to complete recovery in a matter of months or years. In more severe cases, physiotherapy and rehabilitation may only help manage the pain and reduce the long-term impact of your child’s disability.

Klumpke’s Palsy is an injury to the lower plexus C8-T1 nerves, and impacts the forearm and hand. Erb’s Palsy is an injury to the upper plexus C5-C6 nerves, and so affects the shoulder and upper arm (causing a ‘waiter's tip’ posture).

If your child was born with Erb’s Palsy due to negligent treatment, please refer to our Erb’s Palsy claims page.

There are several situations where negligence during birth can cause a child to be born with Klumpke’s Palsy. Common examples include:

• Failure to identify risk factors before birth (large baby, positioning issues, etc.)
• Failure to arrange a caesarean section in response to risk factors
• Poor management of shoulder dystocia and arm nerve damage
• Excessive traction during delivery or excessive force during childbirth
• Inappropriate use of birth instruments, such as forceps or ventouse
• Delayed escalation to senior clinicians
• Delayed diagnosis or treatment of Klumpke’s Palsy after birth

Do any of these causes relate to your child’s circumstances? Contact our specialist birth injury claims solicitors to get the compensation and justice your family deserves.

A successful Klumpke’s palsy claim must prove three key elements:

• Healthcare professionals breached their duty of care to your child
• Your child suffered injury, pain, loss or damage during or after birth
• This harm was directly caused by the breached duty of care (causation)

Klumpke’s Palsy claims are assessed on the balance of probabilities. This means you must prove that it is more likely than not (a greater than 50% likelihood) that negligence during medical care caused the injury.

Our experienced no-win, no-fee birth injury solicitors will carry out a thorough investigation into your case to prove these points. This may involve reviewing and gathering evidence such as:

• Medical and maternity records
• Scans, test results and clinical notes
• Witness statements
• Photographic evidence
• Financial reports
• Independent medical expert evidence

Regardless of how complex your child’s Klumpke’s Palsy negligence claim may be, our specialist expertise and proven history enable us to identify failings in care and build a strong case, so you can pursue the compensation your family deserves.

Further details can be found in our comprehensive claims process guide.

Depending on the severity of Klumpke’s Palsy, your child’s life can be affected in numerous ways:

• Weakness in the arm or hands may cause challenges with fine motor skills, writing, dressing and playing
• Paralysis or limpness in the lower arm could reduce their long-term independence, requiring greater care and support
• Pain and limited function could affect their mental and psychological wellbeing
• They may require ongoing therapy, treatment and surgeries to correct or manage their condition
• The affected arm might grow more slowly and remain smaller than the other arm, affecting their appearance and self-esteem

If you’re concerned about the impact of Klumpke’s Palsy on your child’s future, a compensation claim can help you fund the treatments, care and equipment to support their long-term needs.

First, contact a specialist medical negligence lawyer, such as our experts at Gadsby Wicks. We will listen to your child’s story and understand your circumstances, before our team reviews your case.

If we choose to pursue your child’s Klumpke’s Palsy claim, we will assign one experienced solicitor to manage the claim from start to finish.

Furthermore, as your child is under the age of 18, we will need someone to act as their Litigation Friend – the person who acts as the claimant on their behalf. This is normally a parent or guardian, but it can, in theory, be anyone who is over the age of 18 and will act in the client’s best interests. All compensation recovered belongs to the real claimant.

While making a birth injury claim is stressful, we will do whatever we can to reduce the burden on you and explain everything clearly and directly, so you know what to expect at every step.

To begin, complete our quick form, and we will review your child’s case as soon as possible.

Most medical negligence claims have a time limit of three years from the date the injury is realised (the date of knowledge).

As Klumpke’s Palsy claims typically affect children, they have until their 21st birthday (three years after turning 18) to make a claim. There is no time limit if the claimant is mentally incapacitated.

Most birth injury claims, including Klumpke’s Palsy claims, will take several years to reach final settlement.

A big reason for this is that, alongside the numerous in-built delays of a typical medical negligence claim (waiting for medical reports, defendants denying liability, etc.), we must wait several years to see how your child’s injury affects their development.

Without examining how your child is affected by the extent of their weakness or paralysis, it is impossible to accurately quantify the amount of compensation they will need as they get older. 

As specialist birth injury solicitors, our complete understanding of the claims process means that we can often achieve a more efficient, streamlined result than other, non-specialist firms. However, we always stress that the right outcome is more important than a quick outcome.

Furthermore, as soon as liability is established, we will apply for interim payments. This will ensure your family receives some compensation before the final settlement is reached, helping you pay for treatments, therapies and equipment as your child develops.

For more information on the timelines of a claim, please refer to our medical negligence claims process guide.

In most Klumpke’s Palsy cases, court proceedings are unlikely. Around 96% of the cases we handle are settled before reaching court.

Our focus is on securing a fair outcome by presenting strong, well-supported evidence, which often leads the NHS or their insurers to agree to compensation without the need for a trial. This approach helps avoid unnecessary pressure and uncertainty for our clients.

That said, we ensure you are fully prepared for all possible outcomes. If your NHS maternity negligence claim does progress to court, we will guide you through every stage so you know what to expect and can approach the process with confidence.

Everyone deserves the right to justice, no matter their financial situation. That’s why we offer No Win, No Fee funding for Klumpke’s Palsy claims – you pay nothing unless the claim is successful.

A No Win, No Fee arrangement, formally known as a Conditional Fee Agreement, means there are no upfront costs and nothing to pay if a case does not succeed. If your child’s claim is successful, a success fee is deducted from your compensation, capped at no more than 25% of the total amount recovered.

This approach ensures you face no financial risk at any point. Funding may also be available through Legal Aid or an existing Legal Expenses Insurance policy.

Learn more about how we can fund your medical negligence claim.

When choosing a solicitor to handle a Klumpke’s Palsy claim, there are several important qualities to look for:

• Proven experience in medical negligence cases, particularly those involving brachial plexus or birth injury claims
• Specialist accreditations, such as those awarded by The Law Society and the Association of Personal Injury Lawyers (APIL)
• Positive client feedback that reflects both technical expertise and a supportive, empathetic approach
• Consistent, clear communication at every stage of the claim
• Transparency from the outset regarding fees, funding options and how the claims process works

At Gadsby Wicks, our Klumpke’s Palsy solicitors bring decades of focused experience to every case, working efficiently and thoroughly to help your family achieve the best possible result.

At Gadsby Wicks, we offer more than a century of combined expertise in medical negligence law to support your child’s Klumpke’s Palsy claim:

• We are the only law firm in Essex and East Anglia exclusively specialising in clinical negligence
• We have been practising in Chelmsford since 1993
• One experienced solicitor will manage your claim from start to finish
• We are accredited by The Law Society, APIL and other leading bodies
• We work on a “No Win, No Fee” basis to eliminate any financial risk to you
• 96% of our claims settle without the stress of a court hearing

Place your Klumpke’s Palsy claim in the hands of true clinical negligence specialists. Get in touch with us today to pursue the compensation, clarity and justice your family deserves.

If your child is diagnosed with Klumpke’s Palsy, there are numerous support groups, charities and resources available in Essex and nationwide to help your family.

One of the most notable is Erb’s Palsy Group. This is a UK-based charitable organisation that offers information and advice to parents for all types of obstetrical brachial plexus injuries and paralysis, including Klumpke’s Palsy.

You may also want to reach out to specialist NHS brachial plexus units and other charitable resources available in the area.