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.
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.
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 negligence include:
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:
Nothing can make up for your child’s suffering, but compensation can help make life easier.
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.
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.
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.
Executive Partner, Medical Negligence
Senior Associate, Medical Negligence
Associate, Medical Negligence
Bishop's Stortford office
Partner, Medical Negligence