Can I Claim If My Child Is Affected By Clinical Negligence?


Seeing your child suffer an injury can be a deeply upsetting and traumatic experience, both for you and your child. If the injury is down to a health care professional's negligence, or inappropriate treatment, then you may be able to claim compensation for your child.

Compensation might not make up for seeing your child injured by another's neglectful actions, but could make a real difference where the child's recovery and future are concerned.

Alison Hills, Clinical Negligence Solicitor, explains what you need to know about claiming for a child's medical negligence injury.

What Kind Of Clinical Negligence Affects Children?

From a parent's perspective, all injuries to a child can be considered as significant. No matter how serious in nature your child's injury is, if it was due to the negligence of another, you could claim compensation.

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

How Will My Childs Compensation Be Calculated?

To make a claim for your child, it will need to be established in what way the care of your child fell below a reasonable standard of care. A link needs to be established between a breach of duty of care by healthcare professionals and the extent of your child's injuries.

The level of compensation owed to your child will be based on a number of things, which can include compensation for your child’s pain and suffering, future care and treatment needs and any travel expenses incurred in attending medical appointments.

How Long Does My Child Have To Claim?

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

What Is An Interim Payment?

Sometimes a child's injury is so severe that a medical professional cannot predict what the long-term effects of their injury will be until the child is older. When this is the case and claims cannot be finalised for some years, then applications for interim payments can be made.

An interim payment is a source of funding families can receive before the final order is given. This is 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 settlement has been agreed with the Defendant NHS Trust Solicitors, then 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 any ongoing treatment and care needs.

Has Your Child Been Injured Due To Negligence?

If your child became injured as a result of negligence in a medical setting, then you could pursue a claim for compensation on their behalf.

At Simpson Millar, we understand that any injury to a child is serious from the parent’s perspective. Our Clinical Negligence solicitors can offer you a no-obligation consultation, in which they can tell you whether or not you can claim for your child's injury, as well as talking you through any other questions you may have. 

Get in touch today using our Freephone number, or by sending a secure message using our online enquiry form.

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