Skip to content

Medical Negligence

Children and Paediatric claims

Medical Negligence

Children and Paediatric Claims

Many of our most serious cases involve children and we have over the years been successful in obtaining many millions of pounds of damages for them.

Young children and babies can be the most vulnerable to certain types of medical mistakes because they often can’t communicate what they are thinking and feeling. If important symptoms are overlooked it can lead to devastating consequences.

Many of our most serious cases involve children and we have over the years been successful in obtaining many millions of pounds of damages for them. A lot of children get injured in road accidents and some by medical mistakes. Some children acquire cerebral palsy during their birth. Our team have many years of experience of handling all types of cases involving children and we are recognised as leaders in our field.

Paediatrics is a medical speciality that manages medical conditions affecting babies, children and young people. It is an extremely diverse area because of the wide ranging health issues that can affect young people.

Looking after a baby or young person with an illness can be extremely difficult, especially if you suspect that something has gone wrong in their care. The types of children claims that we deal with are as follows:

  • Birth injuries
  • Cerebral palsy
  • Brachial plexus or Erb’s palsy injuries
  • Incorrectly performed surgical procedures leading to brain injuries
  • Failure to correctly identify and treat fractures
  • Failure to quickly identify and treat life threatening illnesses such as meningitis and septicaemia

Clinical negligence cases involving children can be extremely varied and complex and we not only have a team of specialist solicitors dealing with an expertise in this type of case but we also have strong links with paediatric experts from a wide variety of disciplines.

Some of the very basic legal differences which need to be considered when a young person wants to bring a claim compared to an adult is; the times limits, who brings the claim and court approval hearings.  In these cases involving children, the limitation date is three years from the date of their 18th birthday, i.e. they have until they are 21 to bring a claim.

Secondly, a child will not be able to bring a claim themselves and needs an adult to instruct a solicitor. Normally this is a parent but it can depend on the situation. Lastly, as a final layer of safeguarding, when a clinical negligence claim involving a child successfully settles, a ‘settlement approval hearing’ needs to take place where a judge will consider whether the compensation award made is reasonable and sufficient given the circumstances. It’s very important for those who have suffered a serious injury to get early medical treatment and rehabilitation. See our rehabilitation and interim payment page for information about how we can support you.

Meet the team

Yagmur Ekici
Partner

Clinical Negligence and Personal Injury

Alla Murphy
Partner

Clinical Negligence and Personal Injury

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.