Medical Negligence Claims for Children

Medical negligence (also referred to as clinical negligence), is a highly complicated area of personal injury law. The reason it is so complex is because the legal responsibilities of Dentists, Consultants, Surgeons and General Practitioners are not uniform and differ greatly. In addition, the individual circumstances surrounding potential medical negligence claims for children and adults are often not straightforward. The vast majority of these compensation claims begin, because injured parties do not feel that they have been given full details or a correct explanation of their condition or treatment.

A thorough investigation is necessary with all medical negligence claims for children and the gathering of evidence is both intensive and time consuming. It also takes longer to evaluate the possibility of making a successful claim and more time is spent advising claimants of their options than in other types of personal injury claims.

Quick facts about medical negligence claims

It is an appalling fact that over 80,000 medical accidents occur in hospitals throughout Britain annually, according to data retrieved from the Department of Health. Worse, is that approximately half of these accidents could have been avoided.

Medical negligence claims for children are usually based on misdiagnosis of an injury or illness, the failure to provide treatment quickly enough or failure to act at all.

Many medical negligence claims brought annually include:-

• Errors made during child birth
• Improper investigation of symptoms
• Failure to refer a patient to a specialist
• Incorrect prescribing of drugs
• Mistakes made during operations
• Errors in Accident and Emergency treatment
• Complications following plastic or cosmetic surgery

What do I have to prove in order to make a Child Medical Negligence Claim?

For a child medical negligence compensation claim to be successful it is necessary to prove that the standard of care was below that expected from a reasonably competent medical practitioner in the relevant area of medicine, and in consequence of such negligence your child has suffered a physical or mental injury.

Clearly in order to prove the above, expert opinion has to be obtained from other doctors who practice in the same field of medicine. Expert witnesses in medical negligence claims for children must be accredited, recognised professionals and experts in their field. The Children's Accident Helpline has a broad range of expert witness contacts that can be accessed in order to maximise the potential of successful medical negligence claims for children.

Medical Negligence Claims for Children - Compensation and Damages

Compensation for pain and suffering is referred to legally as "general damages". Claims for loss and predicted future loss are referred to as "special damages".

Special damages usually form the main part of any Child Medical Negligence Claim particularly when there are serious injuries that may have long term or permanent implications. This is because historically English Law tends to award low amounts of compensation for general damages.
Damages for pain and suffering are known as general damages.

Medical Negligence Claims for Children categories include:-

• General damages for pain and suffering
• Cost of care and assistance such as home visits or specialist treatment
• Prescription charges and medical fees
• Costs of adapting a home and also for adapting means of transportation

Invariably before making a child medical negligence claim you may firstly be required to follow certain protocols including the NHS Complaints Procedure and Civil Procedure Rules. If this is not done you may prejudice you're chance of success with the claim so call the Children's Accident Helpline on 0800 433 7690 for free advice. Alternatively complete our online form to request a call back. If you have a valid claim we will work on a no win – no fee* basis.

*Other costs could be payable.