Child injury and paediatric negligence

If you are unhappy with your child’s medical care or your child is left injured or ill as a result of a medical error, speak to one of our specialist medical negligence solicitors and we can help.

Isobel Foenander, Bishop's Stortford

Child injury and paediatric negligence claims: Expert legal advice

Medical errors can be life-changing for children and their families. We trust doctors and nurses to take good care of our children, but serious mistakes can happen – and if they do, a medical negligence solicitor can help you.

We've handled many child injury claims and so our lawyers really do have the practical experience to support you and your family. We understand that it is rarely about the money alone - for many people it’s more important to understand what went wrong and to make sure that the same thing never happens to another family. We’ll help you do that.

No win, no fee

We work on a no win, no fee basis, so there’s no need to worry about costs. Plus, our specialist solicitors provide an initial free assessment of your claim.

Examples of child injury and paediatric negligence claims

Examples of child injury negligence include:

  • birth injuries, including serious birth injuries such as Erb’s palsy and cerebral palsy
  • Delayed diagnosis of childhood conditions, such as congenital hip dysplasia, retinopathy of prematurity, meningitis, septicaemia, or tuberculosis 
  • delayed diagnosis of cancer in children, such as leukaemia, neuroblastoma, or brain/spinal cord tumours
  • delayed treatment provided to children 
  • mistakes in your child’s prescription, such as prescribing the wrong medicine or dose
  • failure to identify or properly treat fractures
  • failure to refer your child for further investigation or treatment.

How a compensation claim can help

We understand how an injury to a child can affect their future, and the future of the family as a whole. We will tell you if your child has a case for compensation and we'll help you get the best possible settlement for them. Compensation gives your child financial security for the future and can cover a wide range of costs including:

  • ongoing care, such as home visits by a nurse or professional carer
  • speialist equipment your child might need
  • housing needs, including adaptations
  • medical treatment and therapies. 

Nothing can make up for your child’s suffering, but compensation can help make life easier. 

We’re here to help

Come in for a free, confidential, no obligation chat, or fill out our enquiry form and we will let you know how we can help. We can also visit you at home if you wish.

Call for a FREE initial consultation on 0800 013 1165

Child injury and paediatric negligence FAQ's

Can I bring a claim on behalf of a child?

Yes. Any injured patient under 18 years of age is considered a child. This means they lack ‘capacity’ to bring the claim themselves and a Litigation Friend is appointed to bring the claim on the child’s behalf. The Litigation Friend is often a parent or guardian to the child. However, the Court can decide that a different party would be suitable (such as a family friend or a solicitor).

The Litigation Friend is appointed by the Court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner. A Litigation Friend must also file and serve a Certificate of Suitability.

Is there a time limit for bringing a claim on behalf of a child?

In most cases, there is a three-year time limit for bringing a medical negligence claim.  The three years begins from the date of the negligence or from the date that the patient should have known that the injury was or could reasonably be linked to the original negligence.  

However, in the case of a child in England and Wales, the three years begins on their 18th birthday. Therefore, a claim must be made before they reach the age of 21 years old.

 

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What happens if the child is now an adult?

If the child has ‘mental capacity’ then they will need to bring the claim in their own name. However, as a parent you will always be able to provide support throughout the process.

If the child does not have ‘mental capacity’, you may be able to pursue the claim on their behalf by acting as their Litigation Friend. Please see question 1 above. 

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