When we put our children in the care of medical professionals, we trust that they will be kept safe and treated with dignity before, during and after any treatment. Unfortunately, this is not always the case, and both the child and the parent could experience distress as a result.
We have put together this medical negligence claim guide to inform you when you may be able to claim compensation if your child was unnecessarily harmed due to the negligent actions of a medical professional. By the time you finish reading this guide, you will have everything you need to know about child medical negligence claims.
Notably, our solicitors provide their legal aid on a No Win No Fee basis. We will go into greater detail regarding this funding option towards the conclusion of this guide. In the meantime, if you have any immediate questions about child medical negligence claims, please get in touch using the contact information:
Contact Us
- Phone us on 0330 123 0546
- Claim online
Frequently Asked Questions
- Can I Claim Medical Negligence Compensation On Behalf Of My Child?
- How Will A Child’s Medical Negligence Claim Differ From An Adult’s Claim?
- What Examples Of Medical Negligence Can Affect Children?
- How Much Compensation Can A Child Get For Medical Negligence?
- What Other Damages Can Children’s Medical Negligence Compensation Cover?
- How Will A Child Be Paid Their Clinical Negligence Compensation?
- What Is Needed To Begin A Child Medical Negligence Claim?
- Can A Child’s Medical Negligence Claim Be Made With A No Win No Fee Solicitor?
- Learn More
Can I Claim Medical Negligence Compensation On Behalf Of My Child?
Yes, you can claim medical negligence compensation on behalf of your child if your child’s circumstances satisfy the following eligibility criteria:
- Your healthcare professional owed your child a duty of care
- They breached this duty
- Your child suffered avoidable or unnecessary harm because of this breach
The important thing to bear in mind is that all healthcare professionals, including paediatricians, owe a duty of care to provide the correct standard of care to their patients at all times. This applies in both private and NHS settings. The Royal College of Paediatrics and Child Health provides guidance on this by outlining the professional standards within paediatric care.
If a child’s paediatrician or other medical professional fails to meet the acknowledged standard of care, they have breached their duty of care. Notably, if this breach causes your child to experience unnecessary or avoidable harm, you may be eligible to make a child medical negligence claim on their behalf.
Whilst this can be true in specific circumstances, it’s important for you to be aware that not all instances of harm are classed as medically negligent. This is because a medical professional can fulfil their duty of care, and a child can still get harmed during treatment. To put it another way, some instances of harm are unavoidable, and no one will be found at fault. To provide a clearer picture of what child medical negligence looks like, we’ve provided some examples for you later on in this guide.
What Is The Medical Negligence Claim Time Limit?
The medical negligence claim time limit is 3 years from the date you suffered the harm or the date you discovered that medical negligence took place, as per the Limitation Act 1980.
If you fail to start the medical negligence claims process within this designated time period, your claim will be registered as time-barred. This means that even if you have a strong and eligible claim, you won’t be able to pursue it as you have failed to start the process within the legal time limit, also known as the limitation period.
If you want to know more about child medical negligence claims in relation to time limits, please continue reading this guide or speak to one of our expert advisors.
How Will A Child’s Medical Negligence Claim Differ From An Adult’s Claim?
A child’s medical negligence claim differs from an adult’s claim because your child is classed as a vulnerable person and too young to start the claims process on their own.
Specifically, the Limitation Act 1980 highlights that a minor is too young to file a claim independently. The act states that if the child wishes to claim on their own, they must wait until they are 18 years old, and they will have until they are 21 to initiate the medical negligence claims process.
On the other hand, you can claim on behalf of your child while the time limit is put on hold, and you would do so through the role of litigation friend. This is a legally appointed role that allows someone close to the child, such as a family member, to claim on their behalf. Through this role, you would be responsible for the decision-making, representation and communication during the medical negligence claims process.
If you want to secure medical negligence claim compensation for a child as a litigation friend, or you want to know more about child medical negligence claims, please speak to our team of professionals, and we’ll guide you through the process.
What Examples Of Medical Negligence Can Affect Children?
Here you’ll find some examples of medical negligence that can affect children:
Missed Fractures: This happens when a medical professional fails to identify a fracture or break on an X-ray or other scan, or fails to order appropriate imaging.
Cancer Misdiagnosis: This happens when a medical professional fails to diagnose the cancer or mistakes the tumour for a different medical condition.
Medication Errors: A medication error is a preventable incident during the medication process, such as giving the wrong prescription, dosage or failing to be aware of allergies.
Delayed Treatment: This involves failing to provide treatment in a timely manner, often resulting in a patient’s condition worsening.
Birth Injuries: The baby suffers physical injuries during birth, ranging from mild bruising to brain damage.
Surgical Errors: A patient can suffer preventable mistakes at the hands of their surgeon, such as leaving foreign objects inside the body or operating on the wrong body part.
If one of these examples of medical negligence has happened to your child or you’d like to speak to someone about the child medical negligence claims process, please have a chat with one of our team members.
How Much Compensation Can A Child Get For Medical Negligence?
How much compensation a child can get for medical negligence will depend on certain factors, such as the harm they have suffered, as well as the severity of the harm. As an illustration, the compensation would be different in a doctor negligence claim involving a child suffering severe complications from misdiagnosed sepsis compared to a child who has suffered a misdiagnosed fracture.
Notably, the Judicial College Guidelines (JCG) are often used by solicitors in order to help them calculate compensation for child medical negligence claims. Specifically, this publication contains an in-depth catalogue of instances of harm, their severities and related guideline compensation brackets.
Your medical negligence solicitor will use the JCG to help them determine what your child may receive in general damages. This head of compensation covers any pain and suffering your child has experienced, and several factors will be investigated:
- The severity of the harm suffered
- The impact the harm has had on an individual’s life
- The presence of psychological harm, such as PTSD or depression
- Whether there is disfigurement or deformity
- Any lasting effects, such as mobility issues or a permanent disability
We’ve provided a table below containing several compensation brackets sourced from the JCG. However, please note that the first figure in our table has not been selected from the JCG, and these brackets are intended to serve as a guideline only.
| TYPE OF HARM | COMPENSATION BRACKET | NOTES |
|---|---|---|
| Very Severe Types of Harm as well as Substantial Financial Losses | Up to £1,000,000+ | Encompasses multiple very severe forms of harm and special damages, including medical bills and care needs. |
| Brain Damage - Very Severe | £344,150 to £493,000 | The child will struggle to follow basic commands and will have little if any meaningful response to their environment. The child will have double incontinence and will require around the clock professional care. |
| Brain Damage - Moderately Severe | £267,340 to £344,150 | The child will be very seriously disabled and they will have substantial dependence on others. The child's needs may be physical or cognitive or both. |
| Brain Damage - Moderate (i) | £183,190 to £267,340 | There will be presence of a moderate to severe intellectual deficit, a personality change, an effect on sight, speech, and senses with a significant risk of epilepsy, and no prospect of employment in the future. |
| Bladder - Double Incontinence | Up to £224,790 | The child will have suffered total loss of natural bowel movement and complete loss of urinary function as well as other medical complications. |
| Bladder - Complete Loss of Function | Up to £171,680 | Complete loss of function and control. |
| Lung Disease (a) | £122,850 to £165,860 | The child will have a serious disability and their is a probability of progressive worsening leading to premature death. |
| Simple Fractures of the Forearm | £8,060 to £23,430 | The child will have suffered a simple fracture or multiple fractures to the forearm. |
| Ankle Injury - Modest | Up to £16,770 | The child will have less serious, minor or undisplaced fractures, sprains, and ligamentous injuries. |
| Facial Disfigurement - Less Significant Scarring | £4,820 to £16,770 | The child will have suffered only one scar or a number of very small scars. |
If you’d like to know more about child medical negligence claims in relation to the JCG, please speak to one of our expert advisors.
What Other Damages Can Children’s Medical Negligence Compensation Cover?
The other damages that children’s medical negligence compensation can cover are special damages. This head of claim is designed to compensate for any financial losses that occurred due to your child receiving substandard medical care.
Notably, due to your child’s age and the fact that financial losses can continue to occur over several years, it is often the case that the amount in special damages will be much higher than that of general damages.
When it comes to financial losses, they can look like:
- Loss of earnings due to the time you have taken off from work to care for your child, for example, hospital visits and other medical appointments
- Medical costs such as physiotherapy, counselling, and prescriptions
- The cost of any professional care required
- Modifications to the home may be necessary if your child’s mobility has been affected, such as ramps
Importantly, make sure you keep any payslips, receipts, invoices, and any other documented costs, as you will need these to prove that financial losses have occurred.
Can I Claim Anything As The Parent Of The Child?
Yes, you can claim for specific financial losses as a parent of the child who has experienced medical negligence. You could claim for:
- Loss of earnings through having time off work
- Both professional care and care provided by yourself
- Costs of adjustments for your child, such as augmentative and alternative communication
- The costs of buying a wheelchair, a hoist, and other accessibility adjustments
If you would like to talk to us about what financial losses you could claim for as a parent, or you simply want to know more about child medical negligence claims, please get in touch today.
How Will A Child Be Paid Their Clinical Negligence Compensation?
A child will be paid their clinical negligence compensation once they turn 18 and will be kept in a Court Funds Office (CFO) account until that time. The court will typically approve the use of a trust to safeguard the funds until the child is of age, and the trustees (often the parents, a solicitor or professional trustee) will oversee the money.
Importantly, the court may release some funds around the time the compensation is approved before the child turns 18. This is only done if there are compelling circumstances that require funding, such as medical treatment or special educational needs.
Find out more about child medical negligence claims by calling us for a free consultation today.
What Is Needed To Begin A Child Medical Negligence Claim?
One of the most important things needed to begin a child medical negligence claim is evidence. When it comes to the claims process, the aim is to gather as much evidence as you can and that it actively shows two things:
- That a medical professional or several professionals were at fault
- The extent of the harm your child has suffered
We’ve provided below several pieces of evidence that could result in a strong child medical negligence claim:
- Medical records detailing any treatment or procedures your child underwent
- Contact details of witnesses to your child’s treatment and care
- Photographs of visible harm to your child
- A personal account of what has happened to your child
- Any prescriptions they were prescribed
- Correspondence with the medical institution where your child received their treatment
Here at Medical Negligence Solicitors UK, we know how overwhelming the process of gathering evidence can be, especially where your child is involved. That’s why, one of out solicitors could help you with gathering this evidence. Contact our advisors to learn more.
Can A Child’s Medical Negligence Claim Be Made With A No Win No Fee Solicitor?
Yes, a child’s medical negligence claim can be made with a No Win No Fee solicitor and here at Medical Negligence Solicitors UK, we offer this funding option through a Conditional Fee Agreement contract.
If you decide to work with our medical negligence team, you will have access to several important benefits through a CFA contract:
- You won’t pay for solicitors’ fees if your claim fails
- You won’t pay for solicitors’ fees while your claim is in progress
- You won’t pay upfront solicitors’ fees
In the event that your claim wins, you will pay a success fee. This is paid directly out of the compensation as a legally limited percentage, as outlined in the Conditional Fee Agreements Order 2013.
Notably, our solicitors understand that robust support is vital when navigating child medical negligence claims, and that’s why we will provide you with several services to help you during the claims process:
- Tell you how strong your medical negligence compensation claim is and its likelihood of success
- Determine a fair compensation figure
- Gather evidence on your behalf, for example, witness statements and your child’s medical records
- Represent you in negotiations and court proceedings
- Get access to medical treatment that might not be available on the NHS
- Follow all instructions to the letter and meet every deadline promptly
- Get access to an independent medical assessment to fortify your case
- Liaise with the defendant’s solicitors and keep you informed at all times
We offer our support 24 hours a day, around the clock. You can reach us using the contact details below to talk to us about child medical negligence claims:
Get In Touch With Our Experts
- Phone us on 0330 123 0546
- Claim online
Learn More
For more information on making a medical negligence claim, take a look at some of our other guides:
- Did your child experience medical negligence through the NHS? Read our guide on NHS compensation payouts.
- Did something go wrong during your child’s surgery? Read our guide on compensation for nerve damage after surgery.
- Did your child receive a misdiagnosis regarding a fracture? Read our guide on orthopaedic negligence.
Or, for more helpful resources:
- Learn about what work the Care Quality Commission do.
- Learn more about mental health support for young people from Mind.
- Read up on looking after a sick child from the NHS.
Thank you for taking the time to read our guide on child medical negligence claims.