Can I Claim if my Child is Affected by Medical Negligence?

Author:
Jodie Cook
Senior Associate, Medical Negligence Lawyer
Date:
20/06/2019

If a doctor, surgeon or healthcare professional causes a medical injury to your child or administers inappropriate treatment, you may be able to make a medical negligence claim for your child.

While this can’t make up for the distress of seeing your child injured as a result of clinical or medical negligence, it could make a real difference where the child’s recovery and future are concerned.

For free legal advice get in touch with our Medical Negligence Solicitors – ask if we can deal with your case on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

Medical Negligence Claims for Children

Claims involving children can be complex, with no shortage of ways in which children can become injured. Some of the more significant injuries and common medical negligence claims for children are:

How Will My Child’s Compensation be Calculated?

To make a medical negligence claim for your child, a connection needs to be established between a breach of duty of care by healthcare professionals and the extent of your child's injuries.

The amount of compensation awarded to your child will be based on factors including:

  • Your child’s pain and suffering
  • Future care and treatment needs
  • Travel expenses incurred in attending medical appointments

How Long Do I Have to Claim?

Court proceedings must be issued within 3 years of your child’s 18th birthday. In the case of a child who has sustained brain injury, then the 3-year period may never run if they aren’t considered to have the mental capacity to bring the claim. In this scenario, you can make the claim on their behalf as their “Litigation Friend”.

Can I Receive Compensation before the Final Settlement?

Sometimes a child's injury is so severe that a medical professional or institution can’t predict what the long-term effects of their injury will be until the child is older. When this is the case and the claim can’t be finalised for some years, then applications for Interim Payments of compensation can be made.

An Interim Payment is a source of funding families can receive before the final Order is given. This can sometimes be arranged so that costs for treatment and rehabilitation are covered, as well as any other costs that may have been incurred.

What Happens to the Final Settlement?

Once a final medical negligence compensation settlement has been agreed with the defendant’s Solicitors, then the settlement needs to be approved by a Judge. The funds will then be placed into the Court Funds Office until the child reaches 18 years of age. Funds can, however, be released on a periodical basis to cover ongoing treatment, rehabilitation and care needs.

Case Study - Medical Negligence in Child Birth

In this case, David Thomas, a Medical Negligence Partner at Simpson Millar, secured a compensation settlement of £3.65 million plus legal costs, after mistakes during childbirth led to life-changing injuries.

 

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