Child Medical Negligence Claims
How to make a clinical negligence claim for children
We are experts in child medical negligence cases. Led by Jodi Newton, our team provides personalised legal support during overwhelming times. The majority of Jodi's clients are children and she and her team handle cases nationwide, covering various issues with catastrophic outcomes.
“Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
Children sometimes end up in hospital when they suffer illness or injury which can put them at risk of suffering additional injuries due to medical negligence. Children can also be born with injuries due to substandard medical treatment or care.
Our pediatric medical negligence solicitors have acted for many children, in personal injury claims, child abuse claims and clinical negligence claims. It can often be very stressful for the parents of an injured child to cope with the aftermath of the injury and deal with the litigation while dealing with day-to-day issues such as caring for their child.
Cases involving the death of a child can be devastating and we recognise the need to provide support and empathy as well as straightforward and sensible legal advice at such a time. We are very experienced in dealing with these types of claims.
Making a Medical Negligence Claim as a Child
Children are entitled to pursue claims against their GP, the hospital responsible for providing them with care or, if the medical treatment was private, the individual doctor or clinic concerned.
Children may also be in a position to bring a claim under the realms of the Fatal Accidents Act 1976 if they lose a parent or parent(s) due to substandard medical care, or in an accident.
Claims relating to children are very different to those relating to adults. Children are not deemed to have the capacity to pursue a claim and a Litigation Friend must be appointed to bring the claim on their behalf. The Litigation Friend is a person who conducts proceedings on behalf of a person who does not have capacity due to being a minor or vulnerable, (i.e. a person who has a brain injury or mental health disorder).
A Certificate of Suitability as to Litigation Friend must be signed by the person who is the Litigation Friend before proceedings can be issued on behalf of the child. It is quite usual for the mother of the child to become the Litigation Friend but it can, alternatively, be the father of the child. If the child does not have parents or a suitable family member who is willing and able to act as Litigation Friend, the Official Solicitors office can be approached to see if they are willing to be appointed as Litigation Friend on the child’s behalf.
The Litigation Friend will make all the legal decisions in the case on behalf of the child.
If a child is a teenager then they can be deemed to understand what is happening and can attend meetings in relation to their case with the Litigation Friend.
Osbornes Law act for many child abuse victims and Stephanie Prior is experienced at taking witness evidence from children who are 15-17 years of age, even if the Litigation Friend is the Official Solicitor’s office.
Limitation
Children have a lot longer in which to pursue a claim under the Limitation Act 1980. The three-year limitation period starts on the date of their 18th birthday and expires on the date of their 21st birthday.
However, It is always prudent to pursue a claim as soon as possible after the negligent medical care/accident as the medical records, doctors’ records, nursing records and other relevant records will be more difficult to trace the longer it is since the events, especially if the treating doctor has retired or moved hospital. This also makes it harder for the Defendant to obtain witness evidence and may make it difficult for the case to be pursued.
Settlement
Settlement of any case on behalf of a child must be approved by the court. If a case settles prior to the issue of proceedings then proceedings will have to be issued in court so that an approval hearing before a judge can be fixed. The purpose of the hearing is so that a judge can review all the evidence and make sure that an appropriate settlement has been reached between the parties on behalf of the child. The judge can then enquire further if he/she has any issues with the settlement figure or the expert evidence, before approving the settlement on behalf the child.
The child’s monies will be invested in accordance with expert financial advice, if so required, and unless the child requires ongoing medical and/or nursing care and treatment the monies will be released to them on their 18th birthday. It is usual in smaller value claims for the monies to be invested by the Court Funds Office and the child will have to contact the court on their 18th birthday to obtain access to the funds. It is therefore imperative that if the child and his/her family move home after settlement of the claim and before their 18th birthday, they notify the Court Funds Office of this.
In larger value claims relating to brain or spinal injured children, provisions will be made for monies to be released to the child’s Litigation Friend for the cost of care, equipment, therapies etc. A Professional Deputy and/or lay Deputy will be appointed to deal with all issues pertaining to the settlement monies and the Court of Protection will also be involved and will have to approve all applications made to the court by the Deputy before any monies are released by the court for the child.
Advice can also be sought in certain cases, in relation to setting up a Personal Injury Trust and this will protect the child’s welfare benefits if they are in receipt of these.
Our Promise to You
- We will review your child’s potential claim by advising you on NHS claims for negligence or other alternative procedures if your case does not relate to NHS care and treatment.
- We will not charge a fee for our time in reviewing your case.
- We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
- We will advise you of the best course of action in respect of your child’s case.
FAQs
Can I sue the NHS for child medical negligence?
Yes, you can sue the NHS for child medical negligence if your child has suffered harm due to substandard care. To establish NHS negligence, three key elements must be present:
A duty of care was owed to the your child as a patient There was a breach of that duty The harm to your child directly resulted from the breachHow long do child medical negligence claims take?
There’s no fixed timeline for a child medical negligence claim. The length of the process depends on several factors, including the complexity of your child’s injury, how quickly we can gather the necessary evidence (such as medical records and expert reports), and how the Defendant, often an NHS Trust, responds to the claim.
Some cases resolve within a year, while others involving serious injuries or disputes over liability may take longer. We will keep you fully informed at every stage and work to resolve the claim as efficiently as possible.
What If Court Proceedings Are Needed?While many claims settle out of court, legal proceedings may sometimes be necessary. For children, the standard three-year time limit does not apply in the usual way, the deadline only starts when the child turns 18, giving them until their 21st birthday to bring a claim. That said, we always recommend starting early while evidence is fresh and treatment records are easier to access.
Interim Payments and Ongoing SupportIf the NHS or other healthcare provider admits fault, we can apply for an interim payment, an advance on compensation, so your child can start receiving support without waiting for the full claim to conclude. This can help with care costs, therapy, and home adjustments.
We’ll also advise you throughout the claim on any additional expert input needed, including second opinions and referrals to specialist services.
What costs are involved in child medical negligence cases?
We offer a No Win No Fee Agreement, and we can offer delegated After the Event (ATE) insurance with deferred premium (payable at the end of the case) to protect you against any adverse costs.
We use the Law Society’s approved Conditional Fee Agreement.
We guarantee that you will not have to pay anything if we are unsuccessful in obtaining compensation for you. If this happens, we are paid nothing.
If your claim is successful, you may have to pay legal fees and expenses out of your compensation, but we guarantee that this will not exceed 25% of the compensation awarded to you and this includes the ATE insurance premium and IPT.
These guarantees only apply if you pursue your claim with us for as long as it has reasonable prospects of success, follow our professional advice and do not deliberately mislead us.
Contact us about child medical negligence
Call us to speak with a lawyer 020 7485 8811
Email us Send us an email and we’ll get back to you
Hiba: Kapcsolatfelvételi űrlap nem található.
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"An excellent firm which achieves fantastic outcomes for clients."
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Stephanie Prior is always very professional and kind. Highly recommended.
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
