Paediatric Negligence Claims

Paediatric negligence is when a healthcare professional fails in their duty of care to a child. It covers a range of errors, including failing to diagnose a child correctly, administering incorrect treatment, harming the child during a surgical procedure and delayed treatment.

All forms of paediatric negligence can be damaging, but some might have life-changing effects and can even lead to fatalities. Compensation won’t make up for the impact of paediatric medical negligence, but it can cover the costs of care and give your child future support.

Unfortunately, paediatric negligence isn’t as rare as many would like to believe. In 2021, it accounted for 6% of all medical negligence claims (NHS Resolution 2021/22 Report).

If you’d like to claim compensation for your child’s injuries, the first step is to determine whether they meet the eligibility criteria. By calling 0800 234 6438 or filling in the online form, you’ll receive access to free legal advice.

Once the advisor understands the negligence, they’ll reveal whether you’ll likely receive compensation and connect you with a no win no fee solicitor.

Making a paediatric medical negligence claim with a traditional solicitor can be expensive, as they charge upfront fees, and there’s no guarantee that your case will be successful. No win no fee claims don’t have any outright fees and the solicitor only receives a payment if they secure compensation.

You won’t need to worry about financial damage, which is also beneficial if you’re caring for a child with ongoing disabilities due to negligent medical treatment.

Paediatric clinical negligence claims can only be successful if your solicitor can prove that the doctors or hospital failed in their duty of care. Evidence is intrinsic to your case, and the solicitor will work on your behalf to collect evidence.

You can speed up the process by gathering important information and ensuring your lawyer has access to:

• Visual Evidence: If your child suffered any injuries due to negligence, you should take photos of them immediately. Visual evidence is hard to deny and can improve your child’s chances of compensation.
• Medical Records: Your child’s medical records contain vital information about any consultations, referrals and treatment they received. They’re invaluable for proving negligence and can help your solicitor pinpoint where the failure occurred.
• Witnesses: You can provide a witness statement on behalf of your child and ask others to give an account, including teachers, other family members and anyone else who witnesses the impact of paediatric clinical negligence.
• Independent Experts: Your solicitor might strengthen your medical negligence claim by asking an independent expert to assess the case and create a full report on your child’s care.
• Medical Assessments: The negligent party might ask your child to attend an independent medical assessment, which verifies their injuries and any long-term implications. These assessments can ensure your child receives a fair settlement, and your solicitor might set one up, too.
• Financial Reports: The solicitor will also factor in any financial losses into your child’s medical negligence claim, which include lost earnings from a parent having to give up work, travel costs, private medical care, and any other expenses.

Once your solicitor has the necessary evidence, they’ll forward your case to the negligent party.

Your solicitor will handle any negotiations, which can take some time as the negligent party will need to look at the evidence and decide whether they’re willing to accept responsibility.

In most cases, you’ll make an NHS negligence claim against the GP or paediatric specialist, and the doctor will liaise with NHS Resolution.

If your child received private care, the provider’s insurance company will usually handle the claim. While some claims settle relatively quickly, others take longer – especially if the negligent party isn’t willing to accept responsibility.

Once your solicitor agrees to a compensation amount, the negligent party will issue the payment. The no win no fee agreement means your lawyer will take their fees out of the compensation amount, then you’ll receive the rest of the money.

Some cases are settled with a lump sum one-off payment, but children with long-term disabilities might receive interim payments, which can be beneficial if they require long-term care.

Parents and legal guardians can make medical negligence claims on behalf of a child when the child is under 18 or lacks the mental capacity to make decisions. As the decision maker, you’ll be able to decide how to spend the money and use it to pay for vital expenses, including ongoing care.

The standard time limit for compensation claims is up to three years from either the date of the initial negligence or when your child’s disability or injuries initially occurred. If a child suffered negligence but no claim was made, they have up to three years from turning 18 to file for compensation.

Every paediatric clinical negligence claim is different, and multiple factors determine how much compensation your child will receive. It depends on the degree of negligent treatment, any long-term effects, and the financial burdens caused by healthcare professionals.

All personal injury claims have two components:

• General Damages: The injuries or disabilities caused by negligence, including any loss of amenity your child suffers.
• Special Damages: The long-term consequences of your child’s injuries – including financial costs – can include private counselling, travel, care and home adaptations.

The immediate and long-term implications of negligence from medical professionals will determine how much money your child receives.

For example, if a child suffered minor complications but made a full recovery, they’ll receive less money than children with a long-term disability that will impact their quality of life.

The following amounts are from the JCG (Judicial College Guidelines) and are estimates only. The amount your child receives will depend on the unique circumstances surrounding their injuries and any long-term impacts.

As children deal with the long-term implications of their injuries, paediatric negligence claims can settle for millions. Using a compensation calculator can give you an estimate of the amount your child might receive, but speaking to a solicitor is best.

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Claiming paediatric compensation on a no win no fee basis means you won’t need to worry about any financial risks, as the solicitor only receives their fees if they secure compensation.

If you’d like to get the ball rolling on your paediatric negligence claim, please phone 0800 234 6438 or use the online form to receive access to free legal advice. If the specialist feels your claim will be successful, they’ll refer you to a no win no fee solicitor who will initiate your claim.

With multiple types of paediatric negligence, it’s hard to know whether your child’s injuries are eligible. The most common examples include:

• Missed/Delayed Diagnosis: Medical professionals have a duty to conduct a full assessment of the child’s symptoms and order diagnostic tests. A delayed diagnosis can cause a child’s condition to worsen, while missed diagnoses can be fatal.
• Birth Injuries: Failing to identify risk factors or making errors during the delivery can lead to a range of complications and lifelong conditions, including fractures, brain damage, Erb’s Palsy, Cerebral Palsy and stillbirths. You can claim compensation for birth injuries if your solicitor proves negligence.
• Medication/Treatment Errors: Just because a condition is diagnosed correctly doesn’t mean your child will receive the right treatment. Medical and treatment errors can cause severe complications and even fatalities.
• Surgical Errors: While surgery comes with minor risks, healthcare professionals should know how to mitigate them. Any surgical errors could be eligible for compensation, including the psychological damage your child suffered.

The UK has strict Healthcare Regulations, and medical professionals must adhere to them. Paediatric claims often occur when a health service or individual professional fails to provide patients with the required standard of care.

As mentioned above, these cases can be anything from missing your child’s injury or symptoms to making an error during surgical procedures. If you’re unsure whether your child suffered paediatric negligence, a legal advisor can assess the case and determine whether you can make a claim.