A paediatric medical negligence claim is for compensation when your child suffers poor medical care. If you or a loved one suffered from paediatric negligence, you could have a medical negligence claim for compensation.
A claim for paediatric medical negligence can be for a misdiagnosis of a condition, incorrect treatment, or delays in treatment that could have been avoided.
Your child may suffer months or years of unnecessary pain, anguish, and discomfort due to medical negligence, and you might be able to claim compensation from those responsible.
A No Win No Fee medical negligence solicitor can make your claim for paediatric medical negligence and get you the compensation you deserve.
Table of Content
What is a paediatric negligence claim?
A paediatric negligence claim is when you seek compensation for the lack of professional care from a paediatrician or other doctor treating your child. You could have a paediatric negligence claim for compensation if your child’s health suffers due to errors in their treatment.
The paediatrician plays an essential role in diagnosing and treating your child’s condition. If they make an error through medical negligence, it could affect the lives of your child and family today and in the future.
When a paediatrician makes an error, it may affect your child for weeks, months and even for life. The medical negligence of your child’s doctor performing at a low level of professional service could cost them their life.
A No Win No Fee medical negligence solicitor can make your claim for paediatric negligence and win you the compensation you deserve.
Common claims for paediatric medical negligence
Common claims for paediatric medical negligence range from missing the signs of a childhood illness to surgical errors and damage to a baby at birth.
The paediatrician and team should always provide your child with a professional level of medical service; to perform at a poor standard of medical care is medical negligence.
Common claims for paediatric medical negligence:
Birth injury due to paediatric errors
A birth injury due to paediatric errors can be broken limbs, shoulder dystocia or traumatic brain damage leading to a life of care for your child.
Delivery of your baby should be straightforward, with any complications dealt with by medical staff. When there is medical negligence, your child could suffer cerebral palsy, Erb’s palsy, brain damage and other forms of birth injury. Negligence can also occur before your labour begins if you are not properly consented as to the risks of a natural birth if you are having a large baby. Recent case law known as Montgomery requires all options and risks and options to be discussed with expectant mothers so they can make an informed decision as to whether they need to have a C-Section.
You may have a compensation claim for paediatric negligence if your child suffers a birth injury that could have been avoided.
Misdiagnosis of a childhood cancer
A misdiagnosis of a childhood cancer such as leukaemia or other life-threatening diseases associated with childhood can be devastating for your child.
The misdiagnosis can lead to delays in treatment, prescription of the wrong medications and unnecessary suffering for your child.
A paediatric medical negligence claim can seek compensation for the injury to your child from a misdiagnosis of childhood cancer.
Medication errors when treating children
Medication errors when treating children can make a child fall ill, cause allergic reactions and delay their correct treatment.
A paediatrician may prescribe a medication which does not work for your child’s condition or prescribe a dose that is too high or low for them. Failing to prescribe the correct medication can delay treatment for the child.
You can claim compensation if your child suffers as a result of paediatric negligence.
Delayed treatment of a child
The delayed treatment of a child can see their condition getting worse and could even put a child’s life in danger.
Delays in treatment may happen from a misdiagnosis of a condition, the missed diagnosis of a disease, long waiting lists, and failure to order tests for a sick child.
You may have a paediatric negligence claim if there are delays in your child’s treatment.
Missed fractures and other injuries in a child
Missed fractures and other injuries in a child can happen if there is negligence in their treatment. If a paediatrician does not give a professional level of service, they could miss a fracture on an X-Ray or bruising to internal organs.
The medical negligence of not ordering an X-Ray or MRI can lead to missed injuries and cause long-term damage to your child.
You might have a compensation claim for paediatric negligence when a doctor misses the signs of a fracture or injury in a child. That claim could be for on or all of pain, a delayed recovery and a worse outcome.
Surgical errors with children
Surgical errors with children range from unnecessary surgery, damage done during surgery and surgery on the wrong limb or organ.
The paediatric surgeon should work closely with their team to ensure that all surgery goes to plan and errors are avoided.
A paediatric medical negligence claim for surgery errors can seek compensation for the injuries and trauma caused by surgical negligence.
Compensation for paediatric medical negligence claims
You can seek compensation for paediatric medical negligence claims in amounts from the low £10,000s to over £10 million in some cases.
The compensation varies depending on several factors, and paediatric negligence claims sometimes see very high awards, such as when a misdiagnosis leads to amputation or a lifetime of unnecessary suffering and chronic pain.
Compensation amounts in paediatric negligence claims can be:
All amounts are approximate and are only a guide to what is possible in paediatric negligence claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You claim for these care expenses and the medical costs in the future.
As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to paediatric complications.
A No Win No Fee medical negligence solicitor will be the one to advise you on a paediatric negligence claim. They will know from experience what your case may be worth and how to make a successful claim.
Your No Win No Fee medical negligence solicitor will handle your paediatric negligence claim for compensation and for all damages incurred.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Who is eligible for compensation?
The patient who suffers from complications due to paediatric negligence may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to their cancer or other condition getting a lot worse.
If a patient passes away due to the condition missed in the paediatric negligence, the ones left behind may have a claim for paediatric negligence.
Loved ones in a medical negligence case are known as ‘dependents’ and can be:
When you are a victim of paediatric negligence or have lost a loved one through paediatric negligence, you may have a claim for compensation.
What can you claim for when you sue for paediatric negligence?
You can claim compensation for any damages that occurred when you sue for paediatric negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
Who is responsible for a paediatric negligence claim?
A medical professional is responsible for any paediatric negligence claims. When you bring a claim for paediatric negligence, you claim against the NHS Trust or private clinic that employed the medical professional responsible.
A medical professional responsible for a paediatric negligence claim could be:
Every medical professional owes you a duty of care when dealing with your health problems. You may suffer paediatric negligence if they are negligent with that duty of care and do not provide you with a professional service when in their care.
Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into reading your child’s notes or tests, the paediatrician has missed the cancer or diagnosed a broken leg as a torn muscle, which is clear medical negligence.
You may need to undergo years of treatment to correct the errors of paediatric negligence. By behaving less-than-professionally, the doctor risks your health, and the effects could be with you for life.
You can claim compensation for the paediatric negligence and to get help with getting your life back on track again.
What are the steps involved in making a paediatric negligence claim?
The steps involved in making a paediatric negligence claim go from seeking medical advice to issuing court proceedings.
The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
How long do I have to make a claim for paediatric negligence?
You have three years to make a claim for paediatric negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the paediatric negligence claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a paediatric negligence claim or court proceedings.
Persons with a disability, who lack capacity, are not subject to any limitation period.
How long do you have to make a claim if you were under 18 at the time of paediatric negligence?
If you were under 18 at the time of the paediatric negligence, you have until you turn 21 to make the medical negligence claim.
In many cases, the diagnosis of paediatric negligence is not made until a child is in their teens. The parents of the child can make a compensation claim when the child is under 18, but the young adult can make one until they turn 21 years of age.
A No Win No Fee medical negligence solicitor can make your paediatric medical negligence compensation claim and advise you through the process.
Can I make a paediatric medical negligence claim on behalf of a loved one?
Yes, you can make a paediatric medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.
Paediatric negligence is a perfect example of claiming on behalf of a loved one. The negligence could take your child’s life or leave them unable to make a claim.
Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for paediatric negligence, you are fighting for the compensation they deserve.
A child could suffer an injury that may be with them for life. Parents are responsible for providing care for their child; if they cannot live an independent life, the costs of care could be very high.
The paediatric medical negligence claim will seek damages to cover the costs of care for life and ensure the child does not suffer due to the lack of professional medical care.
A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for paediatric negligence.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful paediatric negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered the paediatric negligence, and you deserve the compensation to get your life back to normal.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million.
The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your paediatric negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered paediatric negligence and deserve every penny of the compensation claim.
Contact us at the Medical Negligence Team for all your medical negligence needs.
