Child Medical Negligence Claims

For medical negligence claims involving adults, a claim should be brought within three years from the date of the injury, or three years from the date a person becomes aware of the negligence or injury.

But for children the three-year limit to make a claim does not start until they reach 18 years of age. So, a claim can be brought before their 21st birthday. However, if a child lacks capacity there may not be a time limit.

Anyone making a clinical negligence claim under the age of 18 is deemed to be a minor for proceedings.

If injured they have the right to receive compensation but as a child there is no legal capacity for them to make a claim personally.

An adult, usually a parent, family member or a guardian, would need to make a claim on the child’s behalf. This person is known as a ‘Litigation Friend’.

The Litigation Friend acts in the best interests of the child, but the legal system in England and Wales means they cannot settle a claim without the approval of a Judge. This is because a compensation settlement claim for a child requires Court approval.

Our legal experts will offer support and guide you through the claims process.

The Court approval process is generally straightforward.

You will need to complete a certificate of suitability, a form that explains why you’re suitable to be a litigation friend

The approval is via an Infant Approval Hearing. Such hearings often take place remotely or in a Judge’s chamber at a local County Court. Although, settlement over £50,000 requires Court of Protection involvement.

An Infant Approval Hearing is where a judge reviews the evidence of a case and the settlement to ensure it is fair.

If you are acting as a litigation friend, it is likely that you will have to attend a hearing of this type.

In some circumstances the Court may order part of the compensation to be used for the child’s benefit prior to becoming 18, provided the Court is satisfied it is for the child’s use.

This could be to help with your child’s rehabilitation and care. Interim payments offer families funding for rehabilitation costs or ongoing treatment bills.

Your child’s injury may be so serious that it may not be possible to predict the long-term consequences until the child is older. In those cases, it is possible to pursue interim payments to help meet ongoing care needs until the full extent of their injuries can be determined.

The Judge will review the papers and conclude whether the settlement proposed is in the child’s best interest.

If the Judge considers the settlement is below a reasonable range, then they will not approve the proposal.

Court approval inevitably means compensation claims for children can take longer. It does however ensure that a child is protected and achieves the optimal amount of clinical negligence compensation for their injury.

If a child’s claim is successful, they generally do not receive the compensation money straight away.

Once the Court has approved the settlement proposed by the parties, the Judge then decides how the compensation should be invested.

They may direct the monies to be paid into the Court Funds Office until the child reaches 18 years of age. The money will be invested and accrue interest until the child reaches 18.

Sometimes the Court may be prepared for the compensation to be paid into an alternative investment, set up by the Litigation Friend, for the child to access when they reach 18. Although this tends to only be considered in more modest claims and ultimately this decision rests with the Court.

Once a child reaches 18 any funds invested will be released to them.

At Hudgell Solicitors we work with a wide range of medical experts who along with our clinical negligence experts assess our clients’ long-term care and rehabilitation needs so that the amount of compensation secured reflects these requirements.

Our team of specialist lawyers will advise you on all aspects of making a medical negligence compensation claim, looking to offer all matters on a no win no fee basis where possible. This means there is no financial risk at all to contacting our team and benefiting from years of expertise and knowledge.