When something goes wrong during your child’s medical treatment, you’ll want answers and the chance to take action. The law recognises that children cannot bring claims themselves, so it allows responsible adults to make a medical negligence claim on their child’s behalf.
This legal process protects your child’s interests, helps you understand long-term needs, and ensures a child has access to the support they may require in the years ahead.
The rules for children’s claims differ from adult cases in important ways, particularly around time limits and how compensation is managed. If you’re concerned your child’s medical care fell below acceptable standards, speak to a specialist clinical negligence solicitor to see whether you have a claim.
Who can bring a claim for a child?
Children under 18 lack the legal capacity to conduct court proceedings on their own. As such, a designated adult must step in to manage the legal process. This could be:
- One of the child’s parents
- A legal guardian
- Another appropriate adult, where necessary
This person (also known as a litigation friend) assumes certain legal responsibilities and must obtain court approval to act in the child’s best interests throughout the claim.
A litigation friend is not expected to be a legal expert. They work alongside the medical negligence solicitor to help gather information and make decisions on the child’s behalf.
Types of medical negligence that affect children
Medical negligence that can harm your child can range from injuries during their birth, through to mistakes during routine treatments in their adolescent years.
Birth injuries and neonatal negligence
Birth injuries represent some of the most serious cases of paediatric negligence. These injuries can happen when the medical team:
- Fail to monitor the baby properly during labour
- Miss signs of foetal distress
- Use excessive force during delivery
Errors made during the critical moments of birth can seriously impact a child’s development, education, mobility, independence, and future care needs. In such cases, it’s crucial to collect evidence of a birth injury to prove negligent care.
The NHS has paid billions in compensation relating to serious birth injuries over the last decade, including cases involving cerebral palsy and lifelong brain injuries.
Misdiagnosis and delayed diagnosis
A misdiagnosis is when doctors either get your child’s condition wrong or miss it altogether. This can be especially dangerous if early treatment is key to a full recovery.
Serious conditions that can result in avoidable complications and long-term harm if not recognised quickly enough include:
Recent UK research involving almost 2,000 children and young people diagnosed with cancer found that around three-quarters of patients attended between one and three healthcare appointments before receiving their diagnosis.
Researchers also found that 67% were ultimately diagnosed following an emergency presentation, such as an A&E attendance, hospital admission, or emergency referral.
It can be particularly concerning for parents when their child’s symptoms continue despite multiple appointments or when a diagnosis is only made after a child’s condition deteriorates significantly.
While not every delayed diagnosis will amount to negligence, concerns may arise where opportunities for earlier investigation or treatment were missed.
What if I don’t know the full extent of the injury yet?
Many parents won’t know the full extent of the injury and that’s okay.
It’s one of the main reasons why children’s claims are approached differently from adult claims, as the long-term impact on education, development, employment, and independence may not become fully clear for many years.
What evidence is typically needed to prove medical negligence in a paediatric case?
Your child’s full medical records are vital for any claim. These records will show what care was provided, when decisions were made, and what symptoms your child’s doctors and nurses spotted — or missed.
Key evidence can include:
- Hospital notes and nursing records
- Test results and scan images
- Prescription records
- Appointment logs and referral letters
- Expert reports from independent paediatric specialists
Photos of injuries, statements from anyone who saw your child’s treatment, and paperwork showing how the negligence has changed your child’s daily life can also help. Financial records for extra care, therapy, or equipment are important, too.
What is the time limit for starting a child medical negligence claim?
Most claims involving adults have a three-year time limit, however, for paediatric medical negligence claims, the three-year time limit doesn’t start until they turn 18.
That means your child has until their 21st birthday to start a claim.
You, as a parent or guardian, can make a claim for them at any point before their 18th birthday. Once your child turns 18, they have the right to bring the claim themselves.
How are compensation awards for a child calculated?
A young child with lifelong needs will typically receive more than an older claimant, simply because the impact of the medical negligence spans more years.
Court awards for children will rely on expert medical evidence to estimate those lifetime costs, including:
- Ongoing medical treatment
- Therapy and rehabilitation
- Specialist equipment
- Home adaptions
- Care requirements
- Educational support
- Future loss of earnings
The purpose is to place the child in the best possible position for the future. This can be particularly important where a child has suffered a serious injury that may affect their education or ability to work later in life.
A recent UK Supreme Court decision involving a child injured at birth through the NHS confirmed that future medical negligence compensation can take account of the full working life a child may have lost because of their injury.
While compensation cannot undo what’s happened, it can help provide financial security and access to the support your child may need throughout their life.
Speak to a medical negligence solicitor about your child’s case
Parents know their children better than anyone. If you feel something was missed or concerns were not properly investigated, it’s understandable to want answers.
Many parents come to Friends Legal to understand what happened, whether more could have been done, and what the future looks like for their child. Talking with one of our specialist clinical negligence lawyers can help you get clarity on your concerns and whether a claim may be possible.
To discuss your concerns, contact our team today.
