Paediatric negligence claims are when claimants, typically parents, seek compensation for a medical professional’s negligent actions, which directly caused their child to suffer avoidable or unnecessary harm. Our children mean the world to us, so when we entrust them to other responsible adults during their vulnerable periods, we place our trust in those individuals. However, paediatric professionals can make severe mistakes, which can result in parents pursuing medical negligence claims on behalf of their children.
Here at Accident Claims, we understand how upsetting it can be to watch our children suffer both the physical and psychological effects of the negligent actions of a medical professional. That’s why our advisors are available 24/7 to provide fast, clear guidance on a wide range of topics. Do you have questions about claim eligibility, compensation, or how the medical negligence claims process works? Our advisors can answer all of these questions. Notably, our solicitors will provide their legal services on a No Win No Fee basis because they believe in financial transparency throughout the claims process. If you are looking for legal representation who will fight to ensure that the scales are balanced for both your child and you as the parents, get in touch using the contact information below:
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- Call us for free on 0800 073 8801
- Start a claim online
- A more convenient option might be to text us via our live chat. Don’t worry, you will be greeted by a real person and not a bot!
4.8 (948 reviews)Jump To A Section
- What Are Paediatric Negligence Claims?
- Can I Make A Medical Negligence Claim On Behalf Of My Child?
- Paediatric Medical Negligence Examples
- Are Child Medical Negligence Claims Different To Adult Claims?
- Can A Child Make A Paediatric Negligence Claim Once They Turn 18?
- How Much Compensation Can Be Paid For Paediatric Negligence Claims?
- How Is A Child Paid Their Medical Negligence Compensation?
- What Is Needed To Support A Claim For Paediatric Medical Negligence?
- How Can Accident Claims Help With Medical Negligence Claims For Children?
- Can Children’s Medical Negligence Claims Be Made On A No Win No Fee Basis?
- Learn More
What Are Paediatric Negligence Claims?
Paediatric negligence claims are when claimants take legal action against a medical professional’s negligent actions, which directly resulted in a child suffering harm that otherwise would have been avoided.
More specifically, paediatric harm can range from complications from a broken finger misdiagnosis to paralysis and brain damage.
Do you want to know more about paediatric negligence claims? Connect with us over the phone or online today so we can help you make a claim.
Can I Make A Medical Negligence Claim On Behalf Of My Child?
You can make a medical negligence claim on behalf of your child if you are able to prove that they suffered harm as a direct result of the negligent actions of a medical professional.
Specifically, you must satisfy the following eligibility requirements:
- A medical professional, such as a paediatrician, owed your child a duty of care – Every medical professional owes their patients a duty of care from the moment they agree to treat them. It is important to note that this is a legal obligation to provide the appropriate standard of care. More specifically, medical professionals are obligated to provide a minimum standard of care, as set by professional bodies.
- This duty was breached – A medical professional involved in your child’s care did not provide it to the same level of expertise as another professional of comparable standing. Therefore, it did not meet the required standards. For example, a medical professional gives a poor examination of your child or fails to listen to parental concerns, which results in a delayed diagnosis of a critical illness such as meningitis.
- The breach resulted in avoidable or unnecessary harm to your child – Your child must have suffered a physical injury, psychological injury, or illness. Notably, this can range from your child developing a mild to moderate infection to suffering brain damage or paralysis.
Did you know that our advisors can assess the eligibility of paediatric negligence claims free of charge? If this is something you are interested in, please don’t hesitate to contact us.
Paediatric Medical Negligence Examples
We understand that you might not know what medical negligence looks like, so we’ve provided some examples to give you a clearer understanding. Please have a read through of the following:
- Birth injuries involving brain damage due to failure to perform a timely C-section
- Failure to spot the warning signs of critical illnesses such as meningitis, tuberculosis, sepsis, or childhood cancers
- Mistakes made during operations, such as errors made during a pyloromyotomy or leaving foreign objects behind inside the body, leading to infection
- Not acting on hypoglycaemia or jaundice symptoms in newborns due to poor monitoring
- Misinterpreting scans, such as failing to spot a toddler’s leg fracture, results in no cast being provided and the break being allowed to worsen into long-term growth issues
- Medication errors involving unsafe dosages that result in adverse reactions
This is not an exhaustive list of what medical negligence can look like, but we hope it’s provided some clarity on the subject.
If there is a specific negligent action or series of actions that you would like to discuss with an advisor, please ring us for a free consultation today.
Are Child Medical Negligence Claims Different To Adult Claims?
Yes, child medical negligence claims are different to adult claims because a minor can’t legally pursue compensation on their own.
Outside of child claims, an adult has 3 years to start a claim from the date they suffered the harm or from the date of knowledge, as per the Limitation Act 1980. This is called the limitation period.
However, the legislation acknowledges that there are those who are exempt from the limitation period if they are minors or vulnerable adults who lack mental capacity. For more information, please visit our dedicated guide on time limits for starting a medical negligence claim.
Do you require further clarity on time limits in relation to paediatric negligence claims? Call us for free today so we can help you.
Can A Child Make A Paediatric Negligence Claim Once They Turn 18?
Yes, a child can make a paediatric negligence claim once they turn 18, and they’ll have until their 21st birthday to start a claim.
With that being said, if a responsible adult has already made a paediatric negligence claim on the child’s behalf as a litigation friend, another claim can’t be made.
Importantly, if a claim is already in progress and being handled by a litigation friend when the child turns 18, they can take over the responsibility of the claim now that they are an adult.
Have you recently turned 18 years old and need guidance on starting a paediatric negligence claim? Connect with an advisor today.
How Much Compensation Can Be Paid For Paediatric Negligence Claims?
How much compensation can be paid for paediatric negligence claims is dependent on the harm suffered, its severity and whether financial losses were also experienced.
When calculating compensation, solicitors often use the Judicial College Guidelines (JCG) as a guide to assist them. The reason is that the JCG is a publication that covers a wide range of harms, their severities, and suggested compensation brackets.
Your solicitor will determine what you are entitled to in general damages. This is a head of claim which compensates claimants for the pain and suffering they have been through, including the physical and psychological effects of the harm.
We have reviewed and selected several entries from the JCG and put them in a table below. Please be aware that the first entry is not from the JCG. We also note that the remaining entries are not guaranteed; please use our table as a guideline only.
| HARM | COMPENSATION BRACKET | NOTES |
|---|---|---|
| Multiple Instances of Harm alongside Special Damages | Up to £1 Million+ | Multiple instances of harm alongside special damages including private medical treatment, professional care and loss of wages. |
| Paralysis - Tetraplegia | £396,140 to £493,000 | The mid-range of this compensation bracket will cover details such as the child is not in any physical pain and has full awareness of their disability. |
| Paralysis - Paraplegia | £267,340 to £346,890 | This level of award is influenced by specific factors ranging from the presence and extent of pain to age and life expectancy. |
| Brain & Head - Very Severe | £344,150 to £493,000 | The child will have little or no language function, double incontinence, and the need for full-time nursing care. |
| Brain & Head - Moderately Severe | £267,340 to £344,150 | In this bracket, the child will be very seriously disabled and there will be substantial dependence on others. |
| Brain & Head - Moderate (i) | £183,190 to £267,340 | This level of award covers harm involving a moderate to severe intellectual deficit, a personality change, an effect on sight, speech, and senses with a significant risk of epilepsy. |
| Bowels - a) | Up to £224,790 | The child will suffer from double incontinence namely total loss of natural bowel function and complete loss of urinary function and control. |
| Bladder - Seriously Impaired Control | £78,080 to £97,540 | The harmed child will have sustained serious impairment of bladder control, along with some pain and incontinence. |
| Arm - Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | This compensation bracket covers harm covering serious fractures of one or both forearms where there is significant permanent residual disability whether functional or cosmetic. |
| Shoulder - Severe | £23,430 to £58,610 | This level of award is often associated with neck injuries and involving damage to the brachial plexus resulting in significant disability. |
How Do Special Damages Work For Paediatric Negligence Claims?
Special damages work for paediatric negligence claims by compensating claimants for any financial losses endured, such as loss of wages and future earnings, as a direct result of the harm their child has suffered.
This head of claim can be particularly important if your child has suffered severe harm and you require an extended period of time off work to take care of them.
Some more examples of financial losses that can be covered under special damages are:
- Travel expenses from attending frequent medical appointments
- Both professional and gratuitous care costs
- Private treatments and other medical expenses
- Adaptations to your home to suit your child’s needs, for example, accommodating mobility issues
Importantly, you will need to prove that you encountered financial losses in the first place. To do this, your solicitor will request documentation such as receipts, invoices, and payslips.
Please remember that our advisors are always happy to help you and are only one phone call away. So, ring us today if you need further assistance regarding special damages.
4.8 (948 reviews)How Is A Child Paid Their Medical Negligence Compensation?
A child is paid their medical negligence compensation when they turn 18, and until then, the compensation is held in a Court Funds Office account.
In other words, the funds are managed securely until the child becomes an adult, at which point they gain full control of the medical negligence compensation.
Can A Child Be Paid Medical Negligence Compensation Early?
A child can be paid medical negligence compensation early if the harm they have suffered is particularly severe and they are eligible for interim payments.
Think of interim payments as partial advance instalments that provide immediate financial relief for urgent costs, such as professional care and rehabilitation.
However, outside of interim payments, very large settlements involving severe harm, such as cerebral palsy, the compensation is often paid in a structured way that allows for accommodating expenses around lifelong care. For example, this could involve paying an initial lump sum to cover immediate expenses, followed by instalments known as periodical payments.
If you believe your child may be eligible for interim payments, please contact an advisor today so we can help.
What Is Needed To Support A Claim For Paediatric Medical Negligence?
Evidence, such as medical records, is needed to support a claim for paediatric medical negligence, more specifically, proof that shows that a medical professional’s negligent actions directly caused your child to suffer harm.
When it comes to gathering evidence, the more you have the better as it directly strengthens your paediatric negligence claim by validating your version of events.
Do you need some more information on this? Read our other guide on how to prove medical negligence.
We understand that you may be solely focused on supporting your child through their recovery. Our solicitors can gather evidence on your behalf so you can focus on what matters. Call us today to find out more.
How Can Accident Claims Help With Medical Negligence Claims For Children?
Accident claims can help with medical negligence claims for children by giving claimants quick and easy access to our robust range of support services. We genuinely care about our clients, and that’s why pastoral care is at the heart of what we do. Moreover, we believe that an important part of this pastoral-focused care is to make the claims process as easy as possible. That’s why our medical negligence solicitors meticulously developed a comprehensive list of support services to make the process easier.
We’ve provided some examples of the support we offer below. We will:
- Ensure your child receives the rehabilitative support they need, including physiotherapy and counselling.
- Talk you through everything so you can make informed decisions about your child’s medical negligence compensation claim.
- Translate the legal jargon so you stay informed at all times.
- Fight for the highest medical negligence compensation applicable to your child’s claim.
- Gather evidence on your behalf so that we can help strengthen your paediatric negligence claim.
You deserve access to professional legal support during this challenging time. Ring us today so we can further list the other support services available to eligible claimants.
Can Children’s Medical Negligence Claims Be Made On A No Win No Fee Basis?
Yes, children’s medical negligence claims can be made on a No Win No Fee basis under a contract called a Conditional Fee Agreement (CFA). This means you won’t have to pay for your solicitors’ service fees:
- If your claim for paediatric negligence fails
- While your child’s clinical negligence claim is in progress
- At the start of your paediatric medical negligence claim
If your claim for paediatric negligence wins, you will pay something called a success fee. This is taken straight out of your medical negligence compensation as a legally capped percentage, as highlighted in the Conditional Fee Agreements Order 2013.
Our No Win No Fee solicitors have helped clients up and down the country secure the compensation they deserve for the consequences of their physical, psychological, and financial harm. If you need any FAQs answered about clinical negligence, get in touch using the contact details below:
Contact Our Solicitors To Begin A Claim
- Call us for free on 0800 073 8801
- Start a claim online
- Text us using our live chat
Learn More
Below you will find more guides by us here at Accident Claims:
- Read our guide on how to make a hospital negligence claim.
- Have a read of our guide on doctor negligence claims.
- Have a look at our guide on paramedic negligence claims.
We hope you find these external resources useful:
- This NHS resource provides guidance on looking after a sick child.
- Know when to call 999 from this other NHS resource.
- Get to know NHS Resolution, which manages claims for the NHS.
Thank you for taking the time to read our guide on paediatric negligence claims.
