If your child has suffered harm due to medical negligence, you may be entitled to claim compensation. This article will provide a comprehensive guide to child medical negligence claims, including what they are, how to make a claim, and what types of compensation you may recover. We’ll also discuss real-life examples of child medical negligence cases and answer frequently asked questions.
What Are Child Medical Negligence Claims?
Child medical negligence claims are legal claims made on behalf of a child who has suffered harm due to medical negligence. Medical carelessness occurs when a healthcare professional provides a treatment that falls below the expected standard and, as a result, causes harm to the patient. In the case of child medical negligence, the claim is made on behalf of the child by a parent, guardian or other responsible adult. For more about click here
How to Make a Child Medical Negligence Claims
If you believe your child has suffered harm due to medical negligence, the first step is to seek legal advice from a specialist medical negligence solicitor. They will be able to announce to you whether you have a valid claim and, if so, what the next steps are.
To make a successful child medical negligence claim, you will need to prove that the healthcare professional responsible for your child’s care breached their duty of consideration and that this breach caused your child’s injury. This process can be complex and involve obtaining expert medical opinions and other evidence.
How to Choose the Right Solicitor for Your Child Medical Negligence Claims
Choosing the right solicitor to handle your child’s medical negligence claim can make all the difference in the outcome of your case. Here are some tips to help you choose the right solicitor:
- Look for a specialist solicitor with experience handling medical negligence claims involving children.
- Check the solicitor’s track record of success in similar cases.
- Choose a sympathetic and understanding solicitor who will take the time to explain the legal process to you in plain English.
- Consider the solicitor’s fees and whether they offer a no-win, no-fee arrangement.
- Look for a solicitor who is a member of a reputable professional organization, such as the Law Society or the Association of Personal Injury Lawyers.
By choosing the right solicitor for your child’s medical negligence claim, you can ensure that you have the best chance of securing the compensation your child deserves. Your solicitor will guide you through the legal process, negotiate with the healthcare provider’s insurance company on your behalf, and fight to ensure that your child receives the care and support they require. Read More about the Medical Negligence Solicitor of Darlington
Types of Compensation Available for Child Medical Negligence Claims
If your child has suffered harm due to medical negligence, you may be able to claim compensation for a variety of losses, including:
- Pain and suffering
- Loss of earnings (if you have had to take time off work to care for your child)
- Medical expenses (including ongoing care and treatment costs)
- Travel expenses (if you have had to travel to appointments or treatment)
- Adaptations to your home (if your child requires special equipment or adaptations to their living environment)
Real-Life Examples of Child Medical Negligence Claims
Example 1: Failure to Diagnose
In this case, a mother took her 18-month-old son to the GP with a high temperature and a rash. The GP told her it was a viral infection and sent her home with paracetamol. Over the next few days, the child’s condition worsened, and he was eventually admitted to the hospital with meningococcal septicaemia. Unfortunately, the delay in diagnosis and treatment caused the child to suffer brain damage, leaving him with severe disabilities.
The mother made a claim for medical negligence on her son’s behalf and was awarded a settlement of £2.5 million to cover the cost of his ongoing care and treatment.
Example 2: Birth Injury
In this case, a baby was born with cerebral palsy due to a lack of oxygen during the delivery. The parents believed that the midwife responsible for the delivery had failed to recognize that the baby was in distress and take appropriate action. They made a claim for medical negligence on their daughter’s behalf and were awarded a settlement of £6.5 million to cover the cost of her ongoing care and treatment. Do visit my blog
What is the time limit for completing a child medical negligence claims?
In most cases, you have three years from the incident date (or from the date you became aware of the negligence) to make a claim. However, this rule has some exceptions, so seeking legal advice as soon as possible is essential.
How much compensation can I claim for my child’s injuries?
The compensation you can claim will depend on the severity of your child’s injuries and the losses you have suffered. This can include medical expenses, loss of earnings, and other costs associated with caring for your child. Sometimes, you can claim for future losses, such as ongoing care and treatment costs.
Can I claim on behalf of a child who has passed away due to medical negligence?
You can claim on their behalf if your child has died due to medical negligence. This is a fatal accident claim and can be made by the child’s parents or other relatives.
Should I go to court to make a child medical negligence claim?
Not necessarily. Medical negligence claims are often settled out of court through negotiation with the healthcare provider’s insurance company. However, your solicitor can guide you if the case moves to court.
Can I afford to make a child medical negligence claim?
Most specialist medical negligence solicitors offer a no-win, no-fee arrangement, meaning you will not have to pay anything upfront to pursue your claim. If your declaration is triumphant, your solicitor will take a percentage of the compensation as their fee. If your lawsuit is unsuccessful, you will not have to pay anything.
Child Medical Negligence Claims Table
|Definition||Legal claims made on behalf of a child who has suffered harm due to medical negligence|
|Time Limit||Three years from the date of the incident (or from the date you became aware of the negligence)|
|Types of Compensation||Pain and suffering, loss of earnings, medical expenses, travel expenses, adaptations to your home|
|Real-Life Examples||Failure to diagnose, birth injury|