Having a child who is undergoing medical treatment is a time of stress and worry for parents. Luckily in the UK the standard of obstetric and paediatric care is very high, unfortunately however mistakes can happen, which can lead to devastating consequences.
If your child has suffered further illness or injury due to negligent clinical treatment you can claim on their behalf.
As the person making the claim on the behalf of someone else you are legally known as the ‘litigation friend’. You are able to make a claim at any time after the negligence occurred, before the child’s eighteenth birthday. The usual 3 year limitation period does not begin to run until the child turns 18.
Once the child has turned 18, the limitation period does apply, and the child has 3 years from this date of their 18th birthday to make (or continue) the claim themselves.
Exceptions to this rule include instances where the child does not have the mental capacity to make the claim themselves, after the age of 18. This could be due to a pre-existing condition or due to the negligent treatment which has led to neurological damage. The limitation period in these instances does not apply and the litigation friend can bring a claim on their behalf at any time. However we would recommend contacting us if you think there may be grounds for a claim rather than leave it too long
Common examples of clinical negligence claims which can affect children include:
Initial assessment: The start of the claims process will involve an initial, no-obligation assessment of your child’s case. A member of our friendly team will call you to ask you a series of questions to establish what exactly has happened and to assess the likelihood of your case being successful. If we believe that you have grounds to make a claim we will advise you on the next steps.
Explain funding options: If you decide to go ahead with your claim we will explain the different funding options available to you. Most clinical negligence claims are handled on a no win, no fee basis.
Gather Evidence: Evidence is used to support your child’s case and to help your solicitor to quantify the claim. Your solicitor will obtain and review the medical records, obtain medical reports and witness statements to form a detailed analysis of the case.
Contacting the health service responsible: Your solicitor will then make contact with the health service provider responsible for your child’s medical treatment to inform them of a claim being made against them, so they will be able to investigate and either admit or deny liability. If liability for the negligent treatment is admitted, we will look to assess the value of the claim and where necessary request interim payments to help pay for things like care costs, home and vehicle adaptations and rehabilitation treatments, depending on the severity of the injuries sustained as a result of any negligence.
Settlement and Compensation: Claims follow a Protocol, meaning that your solicitor will always try to settle your claim without the need to start court proceedings. However, if the healthcare service provider does not accept liability, or fails to agree to the compensation settlement figure, we will then commence court proceedings. We will be with you every step of the way to support you should the claim go to trial.
It is important to note that all claims for children need to go before a judge for an infant approval hearing, in the event compensation is agreed. This is done to ensure that the child is awarded with a fair settlement amount, and this is required even when the defendant agrees to the final compensation sum.
The amount of compensation is dependent on a number of different factors including:
The compensation can be used to help fund the following:
Compensation obtained for children injured through negligent treatment will be held in trust for them until they reach the age of 18. It is possible for the family of the child to make applications to the court to release some of the funds to benefit the child if needs be, prior to the child turning 18.
In cases where the child has suffered neurological damage and lacks the mental capacity to manage their own finances as an adult, their compensation will be managed by an appointed professional deputy who will manage their funds to make payments for things that will assist their everyday living, such as paying for carers and private therapy.
contact us today for a free initial assessment
Contact us today to speak with our solicitors and legal executives who are highly experienced in handling personal injury claims, clinical negligence cases, residential conveyancing, credit hire and housing disrepair claims.
