Making a Medical Negligence Claim for a Child

Paediatric negligence claims can occur at all stages of treatment, including during labour, the initial GP visit and hospital tests or treatment. However, the following types of negligent treatment are most common in young patients.

When a child presents with specific symptoms, the medical professional must assess those symptoms and order further tests or prescribe the correct treatment. While some missed or late diagnoses are relatively minor, others can be life-threatening.

For example, failing to diagnose septicaemia or meningitis can lead to death or long-term disabilities. If a specialist misses the symptoms of asthma, diabetes or other chronic conditions, treatment can be harder in the future.

When a medical professional diagnoses the wrong condition, it can have devastating effects. Paediatric misdiagnosis claims often occur due to a failure to interpret test results correctly or diagnosing a child with another condition.

An example would be if a child presented with symptoms of cancer, but the medical professionals make a different diagnosis due to the child’s age.

Birth injuries are one of the most common forms of paediatric negligence claims. Conditions and injuries such as cerebral palsy, Erb’s palsy and fractures can occur during the delivery process or due to negligent medical treatment during pregnancy.

These injuries range from minor, where the child makes a full recovery, to severe, where long-term care and support are necessary.

Child negligence claims can be more complex than claims involving adults, but a specialist solicitor will be able to support you through the process and ensure your child receives compensation.

Here are the main reasons child negligence compensation claims differ from those involving adults.

All medical professionals must adhere to a high standard of care, but children are more vulnerable than adults and might struggle to describe their symptoms accurately.

For this reason, the standard of care is often higher than with adults.

Child medical negligence might lead to longer-lasting and more severe effects as children are still developing.

For example, cerebral palsy is a lifelong condition that requires ongoing support, and other birth injuries can impact a child’s development.

Calculating special damages is much easier for adults, as most working-age people are employed. It’s more complicated for children, as their earning potential and career path are undecided.

However, if a parent has to give up work to care for their child, the solicitor can factor in their loss of earnings.

Medical negligence can impact both the child and parents/guardians dramatically, leading to PTSD, depression and anxiety.

Some children might require ongoing mental health support, and the long-term psychological effects can continue into adulthood.

A child under 18 cannot make a clinical negligence claim, so the parent will have to initiate the process on their child’s behalf. If you don’t claim on their behalf, your child can initiate proceedings after turning 18.

The time limit for all personal injury claims is three years, so your child will need to claim soon after turning 18. This gives the solicitor time to assess their case and initiate negotiations with the negligent party.

Making a medical negligence claim on behalf of a child can seem daunting, but the right support can make a significant difference. First, you’ll need to assess whether your child is eligible for compensation.

Seeking free legal advice by calling 0800 234 6438 or using the online form means you can have peace of mind that your child is likely to receive compensation. Once the advisor learns about your case, they’ll connect you with a no win no fee solicitor.

Many parents opt for no win no fee medical negligence lawyers as there are no financial risks associated with making a claim. You won’t pay anything unless the solicitor successfully secures compensation, and they’ll take their fees out of the award.

In contrast, traditional solicitors charge an hourly fee and there’s no guarantee of securing compensation. There’s also added peace of mind with no win no fee claims, as no solicitor will take the case on unless they’re confident of securing compensation.

Your solicitor will collect evidence that proves negligent treatment occurred. There are multiple forms of evidence, but the most important for these claims include:

• Medical Records: Your child’s medical reports provide written documentation of any appointments, tests, procedures and treatments, making it easy to spot where the medical professionals failed in their duty of care. In birth injury claims, the mother’s medical records are also essential.
• Medical Assessment: Your solicitor and the negligent party might ask your child to attend independent medical assessments to evaluate injuries or disabilities. These assessments can ensure that your child receives the compensation they deserve.
• Witness Statements: Witness statements are beneficial in child medical negligence claims, as they provide information on how the child’s injuries and disabilities impact their quality of life.
• Expenses: Any expenses related to medical negligence will also form a part of your child’s claim. The parents or guardians can also claim for time off work, travel expenses, home adaptations and anything else the child might need.
• Visual Evidence: Photographs and videos can be beneficial if your child is left with physical injuries or disabilities.

Your solicitor will collect evidence on your child’s behalf, but it’s a good idea to gather what proof you can as it will speed up the process.

Nicola Laver, LLB

Once the solicitor has an estimated compensation amount, they’ll put your case forward to the negligent party and attempt to secure a payment. The medical negligence team will negotiate with NHS Resolution or a private healthcare provider’s insurance provider and try to avoid court proceedings.

Any evidence collected should hold the health service provider responsible, but some claims go to court if neither party agrees on a compensation amount.

Your solicitor will attempt to avoid court but might advise on proceedings if they feel it’s the best way to secure the maximum compensation.

When both parties settle on compensation, the solicitor will take their fees out of the payment, and your child will receive the rest of the money. While most adult compensation payments are lump sums, children might receive interim payments.

These payments are in place to provide ongoing financial support for long-term care costs. Your child’s solicitor will discuss the best option, but higher compensation amounts might have a set annual payment.

The compensation might also be held in a trust for the child, and it will only be accessible once the child turns 18.

How much compensation your child receives depends on multiple factors, including the type of negligence, its immediate and long-term effects, whether your child needs ongoing care, and any expenses associated with the injuries.

Using a compensation calculator can give you a general idea of the potential payment, but it’s best to get a realistic idea from your solicitor.

The following compensation amounts are estimated based on previous cases of child medical negligence. The amount your child receives depends on the severity of their injuries and long-term care needs.

It’s hard to judge whether you should wait to claim on behalf of a child, as you might need immediate financial support for long-term care costs or home adaptations. Waiting to claim can be beneficial if the full extent of any injuries, illnesses and disabilities are yet to appear.

Your solicitor can discuss available options with you and potentially arrange interim payments to cover immediate costs. However, the solicitor will hold off finalising the compensation amount until the child is older.

When you make a claim for your child, there are numerous factors to consider – but initiating the process through us gives you ongoing peace of mind. By using the online form or phoning 0800 234 6438, you’ll receive access to free legal advice.

We can connect you directly with no win no fee solicitors, ensuring you receive ongoing support throughout the claims process. Please contact us today and get the ball rolling on your claim.

It depends on where your child received treatment. If you use the NHS, the Resolution Service usually handles the case and awards compensation. Private medical facilities have insurance companies, and the provider will meet with your child’s solicitor to reach a settlement.

There’s no way to say how long the claims process will take, depending on whether the negligent party is receptive to your case.

It’s always best to claim ASAP (whether after negligence or when the child turns 18), as this gives the solicitor plenty of time to present the case and negotiate a compensation amount.

Some cases take months, while others can drag on. An experienced medical negligence lawyer will support you throughout the process and do their best to secure an appropriate payment in a short time.

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