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

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Updated 26/01/2022

If a healthcare professional causes harm to your child through a medical injury or by administering inappropriate treatment, you could make a medical negligence claim on their behalf.

We know making a claim won’t take away the distress of seeing your child suffering. But it could make a difference in their future care and recovery.

It can be difficult to know where to start with making a claim like this, especially at a time where you’ll be focused on caring for your child. Our Medical Negligence Solicitors can give a free assessment of your child’s claim and help you find out where you stand.

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What Types of Medical Negligence Can Affect Children?

There’s no definitive list of the types of medical negligence that can affect children, but there are some that are more common. These include:

Is There a Time Limit on When I Can Make a Claim?

The time limit for making a Medical Negligence Claim for a child is slightly different because it will start from your child’s 18th birthday. You’ll then have 3 more years to make a claim.

If a child has suffered a brain injury as a result of Medical Negligence, this time limit won’t apply if they aren’t considered to have the mental capacity to bring the claim. If this is the case, a ‘Litigation Friend’ can make a claim on their behalf.

How Will Compensation be Calculated?

As with any claim, the compensation your child is awarded will depend on a few different factors. These include:

  • Your child’s pain and suffering
  • Future care and treatment needs
  • Equipment and accommodation needs

Sometimes the full extent of a child’s injuries won’t show until they’re much older. Where fault is admitted for your child’s injuries, we can ask for Interim Payments to pay for their ongoing care and other needs before reaching a final settlement amount.

Knowing the long-term impact of a child’s injuries will help us make sure the final compensation given is fair and reflects the full impact of medical negligence on your child’s life.

What Will Happen to the Final Settlement?

When a final settlement has been agreed, it will need to approved by a Judge.

The funds will then be placed into the Court Funds Office until a child is 18 years old or they will be managed by a Court appointed Deputy, depending on the circumstances. This isn’t completely restrictive, the money can be accessed periodically for any ongoing treatment, rehabilitation and care costs.

How Much Will it Cost?

In some situations, Legal Aid will be available. But if you’re not eligible, we can handle your claim on a No Win, No Fee basis.

It can be daunting making a claim, our Medical Negligence Solicitors will agree costs with you upfront at every stage of the process so you know where you stand.

We can talk you through your funding options as part of a free claims assessment.

Get in touch, today!

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