Medical negligence claims for children is never a nice thing to think about, but when a child has suffered due to an error, action for justice can be important.
It’s possible to bring a claim for medical negligence compensation for a child. Generally speaking, in England and Wales, persons under the age of 18 are unable to bring claims themselves. They can either wait until their 18th birthday to bring a claim, or someone can initiate a case on their behalf.
Realistically, it’s better to make a claim sooner rather than later, so the second option should be the one to go for. Here’s a little advice about how you can bring a claim on behalf of a child.
Who can initiate medical negligence claims for children?
A responsible and appropriate adult can initiate medical negligence claims for children. In the vast majority of cases, this will be a parent or guardian, but it could be another older relative like an uncle or an aunt, for example.
The person who brings the claim on behalf of the child will be known as the child’s Litigation Friend. As part of our duties to the child claimant, we will conduct a suitability assessment to ensure that the person bringing the claim is suitable to do so.
Key differences in medical negligence claims for children
There are, of course, a number of key differences when it comes to medical negligence claims for children.
Some of the prevalent ones include:
- Medical assessments we use to value the claim can be different for younger children, especially those who are unable to give their own account of any pain and suffering endured;
- Provisional settlements can be agreed, but an approval hearing will normally take place where a Judge can authorise the settlement to avoid any under-settlements;
- Money from the claim will usually be held in a special court account and will be accessible when the child reaches the age of 18. Some funds can be withdrawn before then for things like their education needs at college, but generally speaking, it will wait in the account.
The court accounts can allow for interest to be earned as well, so by the time the claimant turns 18, there should be more money to withdraw. These accounts are completely separate to us.
Advice and what to do
We know that the thought of bringing medical negligence claims for children can be daunting, and it may be the last thing you want to have to do.
But with the best interests of the child at heart, their rights to justice is important.
We’re more than happy to offer you our free, no-obligation advice about your options. We can also offer No Win, No Fee representation as well.
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