No win, no fee child medical negligence compensation
You can be represented by a highly-experienced child medical negligence lawyer at no upfront cost to you. Under our No Win No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful.
Child medical negligence compensation claims
Negligent medical care can have a lifelong impact on a child and their families.
As well as physical suffering there can also be a huge psychological impact on all involved, impacting on relationships, work, health and mental well-being for many years.
Our child medical negligence solicitors have supported hundreds of families affected, providing expert legal support to question and challenge the care they received, securing damages for the impact it has on their lives.
Clients often praise the sympathetic and understanding approach of our team, alongside their determination to ensure we hold people to account and get the answers required.
Specialist child medical negligence solicitors
Our dedicated medical negligence team has vast experience to ensure your case reflects the severity of the situation and the support your child and your family need. They will:
- Provide a compassionate and understanding service tailored to your situation.
- Help you gain access to support services to ensure your child makes the best possible recovery following a medical negligence injury.
- Seek interim compensation payments where possible for medical equipment, rehabilitation, surgery, accommodation or assisted care.
- Help you plan for any long-term care needs required for you or your child to support independent living.
Common child medical negligence injuries
There are areas where child medical negligence claims are more common, such as:
- Delayed diagnosis or misdiagnosis – It could simply be the failure to identify and treat a fracture or appendicitis, but it could also be a failure to diagnose an illness such as diabetes or epilepsy or more serious conditions such as sepsis or meningitis.
- Birth Injuries – A survey estimated that 3,418 babies suffered conditions linked to brain injury at or soon after birth in the UK. Birth injuries can result in cerebral palsy or Erb’s palsy.
- Negligent treatment during pregnancy – Health professionals should recognise and mitigate any risks to a mother and her child to prevent a birth injury – from the early stages of pregnancy through to the birth itself.
If you believe your child, or a child in your care, has suffered negligent medical treatment there may be grounds for the child to receive a compensation award for damages.
Ensuring you get the medical negligence compensation you deserve
How to make a child medical negligence claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
We will help you to decide how best to fund your claim. Usually, we will be able to offer you a No win, No fee agreement.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.
Letter Of Claim
We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused you injury.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
Our client reviews
We’re always committed to getting the optimum outcome for you.
When can you make a medical negligence claim for a child?
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.
Who can make a medical negligence claim for a child?
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.
How do you become a ‘Litigation Friend’ for a child?
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.
What is an Infant Approval Hearing?
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.
Interim payments in child clinical negligence awards
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.
How does a Judge decide on medical negligence awards for children?
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.
When will my child receive a compensation award for medical negligence damages?
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.
How is compensation calculated?
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.
Expertise. Trust. Authority
Almost 80 per cent of all child disabilities are detected by their parents; seeing their children every day they are naturally best placed to detect intellectual and developmental delays. Asking questions and seeking expert advice over such concerns can lead to an early diagnosis of conditions such as cerebral palsy. Importantly, it can also secure […]
Whether it happens to be a stillbirth, a consequence of a birth injury or a sudden unexplained death, every baby loss is a tragedy for the family involved and understandably parents will want to seek answers as to why it happened. Infant deaths are at their lowest since records began but nevertheless 2,226 children aged […]
Making a medical negligence or a fatal accident compensation claim following the loss of a loved one can be a difficult experience for families. The sudden and unexpected loss of a loved one can be devastating and the litigation process can be daunting, but at Hudgell Solicitors part of our role as experienced clinical negligence […]