Child Medical Negligence Solicitors
How to make a clinical negligence claim for children
We are experts in child medical negligence cases. Led by Jodi Newton, our team provides personalised legal support during overwhelming times. The majority of Jodi's clients are children and she and her team handle cases nationwide, covering various issues with catastrophic outcomes.
Call 020 7485 8811 today.
“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
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
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
FAQs
Can I sue the NHS for child medical negligence?
Yes, you can sue the NHS for child medical negligence if your child has suffered harm due to substandard care. To establish NHS negligence, three key elements must be present:
A duty of care was owed to the your child as a patient There was a breach of that duty The harm to your child directly resulted from the breachHow long do child medical negligence claims take?
There’s no fixed timeline for a child medical negligence claim. The length of the process depends on several factors, including the complexity of your child’s injury, how quickly we can gather the necessary evidence (such as medical records and expert reports), and how the Defendant, often an NHS Trust, responds to the claim.
Some cases resolve within a year, while others involving serious injuries or disputes over liability may take longer. We will keep you fully informed at every stage and work to resolve the claim as efficiently as possible.
What If Court Proceedings Are Needed?While many claims settle out of court, legal proceedings may sometimes be necessary. For children, the standard three-year time limit does not apply in the usual way, the deadline only starts when the child turns 18, giving them until their 21st birthday to bring a claim. That said, we always recommend starting early while evidence is fresh and treatment records are easier to access.
Interim Payments and Ongoing SupportIf the NHS or other healthcare provider admits fault, we can apply for an interim payment, an advance on compensation, so your child can start receiving support without waiting for the full claim to conclude. This can help with care costs, therapy, and home adjustments.
We’ll also advise you throughout the claim on any additional expert input needed, including second opinions and referrals to specialist services.
What costs are involved in child medical negligence cases?
We offer a No Win No Fee Agreement, and we can offer delegated After the Event (ATE) insurance with deferred premium (payable at the end of the case) to protect you against any adverse costs.
We use the Law Society’s approved Conditional Fee Agreement.
We guarantee that you will not have to pay anything if we are unsuccessful in obtaining compensation for you. If this happens, we are paid nothing.
If your claim is successful, you may have to pay legal fees and expenses out of your compensation, but we guarantee that this will not exceed 25% of the compensation awarded to you and this includes the ATE insurance premium and IPT.
These guarantees only apply if you pursue your claim with us for as long as it has reasonable prospects of success, follow our professional advice and do not deliberately mislead us.
Contact us about child medical negligence
Call us to speak with a lawyer 020 7485 8811
For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.
He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.
Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
The team has excellent leadership and provide an above and beyond service for their clients.
A close knit team with excellent knowledge and technical acumen across the board.
You get a real sense that they care about clients and each other, working together to get the best results.
The team works very well together as they are genuinely kind and friendly people.
Hugh's technical knowledge is superb.
He is excellent with very complex cases and their nuances.
I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
Jodi is very astute and compassionate.
Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
"Jodi Newton is approachable and always has the client's best interest at heart."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
"Jodi Newton has carved out a niche specialism in cerebral palsy and serious claims arising out of childbirth. She is so committed to her clients and their claims that she always gains and deserves their respect. A true specialist."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
"Ben Posford’s particular expertise in this area focuses upon cauda equina claims, of which he is an undisputed powerhouse."
"Jodi Newton is a tenacious and intelligent fee earner. She fights tooth and nail for her clients and gains their trust and respect from the outset."
"Nicholas Leahy works extremely hard and understands the commercial sensitivities of clinical negligence litigation."
"Her persistence, perspicacity, determination and efficiency are simply outstanding, as are her legal, analytical and negotiating skills."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
“The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
"An excellent firm which achieves fantastic outcomes for clients."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Offers specialist expertise in cauda equina syndrome cases."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
Medical Negligence Accreditations
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