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Expert Solicitors For Child Medical Negligence Claims
Learn how we could help you through the child medical negligence claims process.
£85 million in compensation
Expert Solicitors For Child Medical Negligence Claims
Learn how we could help you through the child medical negligence claims process.
A Guide To Child Medical Negligence Claims In The UK
Suffering medical negligence yourself can be extremely distressing, let alone seeing your child go through it.
If your child has suffered harm due to negligent healthcare, you may be eligible to begin a medical negligence claim on their behalf. The claims process can be confusing. So, if you’re unsure about what your rights are, this guide about child medical negligence claims should help answer your questions.
Key Takeaways
- If a child receives negligent medical treatment, it can have a serious impact on their health, as they’re at such a crucial age in their development.
- Children cannot make a clinical negligence claim for themselves until they turn 18.
- While they are unable to make a claim themselves, a parent or guardian can step in to make a medical negligence claim on their behalf.
- You could claim for any financial losses you have suffered due to the medical negligence your child suffered.
- Our solicitors take on all child medical negligence claims on a No Win No Fee basis.
As a parent or guardian, you want the best for your children, and so do we. Our solicitors are dedicated to helping you in every way they can during this difficult time, whether that be arranging extra rehabilitation support or communicating with the liable medical professional on your behalf. To find out how we can help you today, contact us for free today:
- Call 0151 375 9916
- Fill out the form on our ‘Contact Us’ page
Who Can Make Child Medical Negligence Claims?
A responsible adult, such as a parent or guardian, can make child medical negligence claims. That is only if medical negligence occurred, though. This is when:
- A medical professional owed a duty of care
- They breached this duty was care when treating your child
- This caused your child to suffer unnecessary harm that could have been avoided
All medical professionals owe a duty of care to all patients they treat. To ensure they comply with their duty of care, medical professionals must always deliver care that meets the correct and expected standards. As such, it is a breach of duty of care for a medical professional to deliver substandard care.
If your child has suffered medical negligence, you can make a claim on their behalf as a litigation friend. A litigation friend is someone who acts in the best interests of the claimant, stepping in on their behalf to pursue a compensation claim.
To confirm whether you can become a litigation friend, please have a chat with us today.
Child Medical Negligence Claim Time Limits
While the usual medical negligence claims time limit is 3 years (according to the Limitation Act 1980), it differs for children.
As children are considered too young to make a claim themselves, the time limit is paused until their 18th birthday.
A litigation friend can step in at any time while the time limit is paused.
If no litigation friend steps in before the child’s 18th birthday, then the 3-year time limit will commence from their birthday date.
To learn more about the time limits that apply in child medical negligence claims, get in touch with us today.
What Are Some Examples Of Medical Negligence Involving A Child?
Some examples of medical negligence involving a child could include medication errors and failure to diagnose. Below, we set out some examples of when child medical negligence claims could be made:
- In the neonatal period, the midwives in the hospital failed to act upon your baby’s low blood sugar levels. This failure led to the baby suffering brain damage due to the very low blood sugar (hypoglycaemia).
- Your child’s GP prescribes too high a dosage of their medication. The high dosage causes an accidental overdose, which leads to an anaphylactic shock.
- You take your child to A&E, as they have sudden symptoms of appendicitis (severe pain in the lower abdomen and loss of appetite). But the doctors failed to do any tests to correctly diagnose the condition, such as performing a physical examination or conducting imaging tests. Instead, they dismissed your child’s symptoms as just a tummy ache. The delay in the correct diagnosis led to life-threatening complications, including sepsis.
Child medical negligence could potentially occur in numerous ways, including ways that haven’t been covered above. So, if you suspect that your child has suffered medical negligence, please chat to us today about your circumstances. Our team will be able to confirm your claim eligibility for free.
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How Much Medical Negligence Compensation Can I Claim On Behalf Of My Child?
How much compensation that you could claim on behalf of your child depends on how you and your child have specifically been affected by medical negligence.
The effects of medical negligence are categorised into 2 parts:
- General damages – the psychological and physical effects (such as pain severity, quality of life changes, and duration of recovery).
- Special damages – the financial effects.
General damages can be valued by looking at your child’s independent medical records alongside the Judicial College Guidelines (JCG). The JCG is a publication that lists guideline compensation brackets for different types of injuries and illnesses.
We have created a table using the figures from the JCG. These injuries and illnesses are just some examples of what could possibly result from medical negligence.
Please note that the top figure is not from the JCG. Also, none of these figures can be guaranteed, as all child medical negligence claims have unique circumstances.
| Type of harm | Severity | Guideline compensation brackets | Notes |
|---|---|---|---|
| Multiple serious types of harm + special damages | Serious | Up to £1,000,000+ | Compensation for more than one serious type of harm suffered with related financial losses, such as medical bills and care costs. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Cases such as ‘locked-in’ syndrome with a substantially reduced life expectancy. |
| Moderately severe (b) | £267,340 to £344,150 | Cases such as a minimally conscious sate with a reduced life expectancy. | |
| Less severe (d) | £18,700 to £52,550 | There will be problems with memory and concentration, but the person can have a good recovery and return to a normal life. | |
| Kidney | Loss, or serious and permanent damage (a) | £206,730 to £256,780 | To both kidneys. |
| Loss of one kidney (c) | £37,550 to £54,760 | With no damage to the other kidney. | |
| Bowels | Double incontinence (a) | Up to £224,790 | Loss of natural function and control of the bladder and bowels. |
| Loss of natural function (b) | Up to £183,190 | Where a colostomy is needed. | |
| Bladder | Complete loss of function (c) | Up to £171,680 | Complete loss of function and control. |
How Do Special Damages Work In Child Medical Negligence Claims?
Special damages work in child medical negligence claims by compensating you and your child for any money you have both lost as a result of your child’s avoidable harm. For example:
- Loss of earnings, if you have needed to take time off work to take your child to medical appointments and care for them.
- Your child’s future loss of earnings, if they have suffered a serious injury that eliminates all prospects of employment.
- Medical bills, such as you needing to buy necessary prescriptions.
- Future medical bills, if your child will need to buy specialist equipment for themselves when they are an adult.
- Domestic care costs, for looking after your child.
- Travel costs, for taking your child to and from medical appointments.
Special damages can make up a substantial part of the compensation award, as the future financial losses are taken into consideration, as well as present and past losses. For this reason, it’s essential that you keep evidence of the financial losses that have resulted from your child’s avoidable harm, such as payslips, receipts, and invoices.
For more information on how compensation is calculated in child medical negligence claims, please contact us today.
How Will My Child Be Paid Their Compensation After Medical Negligence?
If the claim is successful, your child’s medical negligence compensation will be paid into a Court Funds Office (CFO) Special Investment Account. It will remain in this account, earning interest, until your child turns 18.
In more serious cases where the compensation value is higher, a professional deputy might be appointed to manage the money under the Court of Protection.
In some cases, payments from the compensation can be requested before the child turns 18, if there are justifiable reasons to do so, such as needing to pay for special education or medical expenses.
A professional deputy can also manage your child’s funds for life, if the child lacks full mental capacity as an adult.
For more information on what happens with the compensation in successful child medical negligence claims, please contact us today.
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We pride ourselves on providing the best service possible for our clients.
Can I Make A No Win No Fee Medical Negligence Claim On Behalf Of My Child?
Yes, you can make a No Win No Fee medical negligence claim on behalf of your child if you connect with our specialist solicitors. All of our solicitors work on the basis of a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee agreement that means:
- There are no upfront or ongoing solicitor service fees.
- There are no solicitor service fees at all if the claim doesn’t succeed.
- If the claim does succeed, your solicitor will just keep a small percentage of your compensation. This is called the success fee, and is legally limited to ensure that you receive the majority of the compensation, no matter what.
Some of the services that our solicitors offer while under a CFA include:
- Collecting evidence for you.
- Helping yo uto apply to become a litigation friend.
- Sending correspondence to all of the relevant parties, such as the defendant, on your behalf.
- Sorting out legal representation for you should the claim get taken to court (which is rare, as most claims are settled out of court).
- Negotiating to ensure that the compensation value is fair and accurate.
- Explaining all legal terms you come across.
- Sending you updates regularly throughout the case.
- Helping you apply for interim payments, if applicable and necessary.
So, if you would like this help while navigating the child medical negligence claims process, please don’t hesitate to contact us at any time.
Contact JF Law’s Solicitors
Contact our team for free today to find out whether you can connect with our specialist medical negligence solicitors. They have decades of experience combined in winning child medical negligence claims, having won over £90 million in compensation for clients in the past.
- Call 0151 375 9916
- Fill out the form on our ‘Contact Us’ page
More Information
For more information about medical negligence claims, you can view some of our other guides here:
- How to make a medical negligence claim against the NHS.
- How to make a medical negligence claim against a private healthcare provider.
- Learn about maternity negligence claims.
You can also find some useful information on these pages:
- Gov.UK – information on managing a Court Funds Office account.
- General Medical Council (GMC) – what good medical practice doctors are expected to provide.
- Royal College of Nursing (RCN) – what duty of care nurses are expected to provide.
We hope that this guide on child medical negligence claims has been helpful for you. No one should have to suffer due to a medical professional’s failings, let alone a child. If your child has suffered, we are here to help you get financial justice at any time.
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