Child Medical Negligence Solicitors

Understanding child medical negligence

Children are our most vulnerable patients and clients, requiring a greater and more specialised level of protection when receiving healthcare. Sadly, poor healthcare standards can cause children life-changing injuries. And in some cases babies are born with serious injuries caused by negligent medical treatment.

Our paediatric and birth injury solicitors have helped many families secure compensation as a result of clinical negligence. We have an impressive track record in achieving substantial settlements in child medical negligence cases.

Expert legal support for families

We understand how overwhelming it is for parents to deal with a child’s injury while also caring for their child and dealing with everyday life, particularly when complex needs are involved. This is not the parenting experience anyone expects, and coming to terms with such a situation is extremely challenging.

Navigating both the healthcare and legal systems can feel daunting. We’re here to take that burden off your shoulders, so you can focus on your child. We work closely with expert barristers, medical specialists, deputies (an individual appointed by the Court of Protection to manage a child’s compensation funds if necessary) and case managers to build the strongest case and support your family’s long-term needs.

Losing a child due to medical negligence is devastating. We provide practical, compassionate support alongside clear legal guidance when it’s needed most.

Common examples of child medical negligence

A child can suffer medical negligence in various situations, including:

Birth or neonatal care mistakes

• delayed delivery causing hypoxia and HIE (Hypoxic-Ischaemic Encephalopathy) injuries;
• poorly managed deliveries relating the use of an incorrect technique causing Erb’s palsy injuries;
• babies can suffer skull fractures often due to increasingly common issues related to impacted fetal head during both Caesarean section and vaginal deliveries;
• mismanaged hypoglycaemia.

Other examples of medical negligence in children

• Failure to identify and diagnose head tumours and hydrocephalus.
• Failures in screening during pregnancy, as well as misdiagnosis or delayed diagnosis, particularly related to meningitis, sepsis and serious infections.
• Surgical errors.
• Incorrect medication or treatment.
• Mismanagement of neonatal feeding.
• Incorrect cannulation or substandard monitoring during IV administered fluids.
• Extravasation neonatal injuries.

We support children who have suffered due to negligence in hospitals, by health visitors, by GP practices, and private clinics.

You may be interested in reading our advice on recent child injury related negligence actions, where we supported families

• Addenbrooke’s Hospital Complaints
• Great Ormond Street Hospital Negligence & How to Claim

How to make a claim on behalf of a child

Claims relating to children are very different from those relating to adults. Children are not deemed to have the capacity to pursue a claim and a Litigation Friend, a person (usually a parent or guardian) who makes legal decisions on behalf of a child during a claim, must be appointed to bring the claim on their behalf.

A Certificate of Suitability must be signed by the Litigation Friend before proceedings can be issued on behalf of the child. If the child does not have a suitable family member who is willing and able to act as Litigation Friend, the Official Solicitors office can be approached to see if they are willing to be appointed as Litigation Friend on the child’s behalf.

If a child is a teenager and has mental capacity, then they can be deemed to understand what has happened to them and can attend meetings in relation to their case with the Litigation Friend.

Time limits for child medical negligence claims

Children benefit from an extended time limit under the Limitation Act 1980. The usual three-year time limit does not start until the child turns 18, meaning they have until their 21st birthday to bring a claim.

However, we strongly recommend starting the process as soon as possible. Medical records are easier to obtain while events are still recent, and witnesses, including medical professionals, are more likely to be available and able to recall what happened.

Compensation for children in medical negligence cases

All child medical negligence settlements must be approved by a judge even if the case settles before formal court proceedings begin. This is to ensure that any agreement reached is in the child’s best interests.

How compensation is managed

Once approved, the compensation is usually held by the Court Funds Office until the child turns 18. In higher-value cases, particularly where the child has suffered brain or spinal injuries, funds may be released earlier to meet their care needs.

In these situations, a Deputy (usually a family member or professional) will be appointed as  to manage the funds under the supervision of the Court of Protection. For cases involving serious injuries and substantial compensation, we advise and assist our clients in appointing a Deputy from an early stage.

Protecting benefits through a Personal Injury Trust

We also provide advice on setting up a Personal Injury Trust which can help protect the child’s entitlement to means-tested benefits in the future.

Financial advise and ongoing support

To help you make the most of your child’s compensation, we can arrange meetings with specialist financial advisers. They’ll work with you to create a long-term plan tailored to your child’s needs, giving you peace of mind about the years ahead.

Our promise to you

At Osbornes Law, we understand how overwhelming the thought of legal action can feel when you’re focused on your child’s health and recovery. That’s why we strive to make the process as straightforward and stress-free as possible.

• A senior specialist solicitor will review your child’s potential claim by advising you on NHS claims for negligence or other alternative procedures if your case does not relate to NHS care and treatment.
• We will advise and support you through the Serious Incident Investigation procedure, MNSI (Maternity and Newborn Safety Investigations Programme) and ENS (Early Notification Scheme) procedures, if applicable.
• We will not charge a fee for our time in reviewing your case.
• We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
• We will advise you of the best course of action in respect of your child’s case.

Contact our child medical negligence solicitors

If your child has been affected by negligent medical care, we are here to help. Our experienced solicitors will listen to your concerns, provide clear legal advice, and fight for the compensation your child deserves.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811