Child Medical Negligence Claims

Children sometimes end up in hospital when they suffer illness or injury which can put them at risk of suffering additional injuries due to medical negligence.  Children can also be born with injuries due to substandard medical treatment or care.

Our pediatric medical negligence solicitors have acted for many children, in personal injury claims, child abuse claims and clinical negligence claims. It can often be very stressful for the parents of an injured child to cope with the aftermath of the injury and deal with the litigation while dealing with day-to-day issues such as caring for their child.

Cases involving the death of a child can be devastating and we recognise the need to provide support and empathy as well as straightforward and sensible legal advice at such a time. We are very experienced in dealing with these types of claims.

When can you make a medical negligence claim for a child?

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

• Mistakes during birth or neonatal care
• Misdiagnosis or delayed diagnosis
• Surgical errors
• Incorrect medication or treatment
• Failures in mental health care or safeguarding

We also support children who have suffered due to abuse, neglect or poor care in hospitals, GP practices, and private clinics.

If your child has been injured due to negligent care, you may be entitled to make a claim on their behalf. We can also advise where a child has lost a parent due to medical negligence, under the Fatal Accidents Act 1976.

• You may be interested in reading: Great Ormond Street Hospital Negligence

Who makes the claim?

Claims relating to children are very different to those relating to adults. Children are not deemed to have the capacity to pursue a claim and a Litigation Friend must be appointed to bring the claim on their behalf. The Litigation Friend is a person who conducts proceedings on behalf of a person who does not have capacity due to being a minor or vulnerable, (i.e. a person who has a brain injury or mental health disorder).

A Certificate of Suitability as to Litigation Friend must be signed by the person who is the Litigation Friend before proceedings can be issued on behalf of the child.  It is quite usual for the mother of the child to become the Litigation Friend but it can, alternatively, be the father of the child. If the child does not have parents or 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.

The Litigation Friend will make all the legal decisions in the case on behalf of the child.

If a child is a teenager then they can be deemed to understand what is happening and can attend meetings in relation to their case with the Litigation Friend.

Osbornes Law act for many child abuse victims and is experienced at taking witness evidence from children who are 15-17 years of age, even if the Litigation Friend is the Official Solicitor’s office.

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

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.

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 either a family member or professional will be appointed to manage the funds under the supervision of the Court of Protection.

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.

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 make the process as straightforward and stress-free as possible.

• We 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 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