Clinical Negligence Claims Involving Children
7 April 2025
Discovering that your child has suffered harm due to clinical/medical negligence is an incredibly distressing experience. Whether the injury arises from a misdiagnosis, surgical error, birth injury, medication mistake, or negligent medical treatment, the impact on both the child and their family can be profound.
Beyond the immediate physical harm, clinical negligence may lead to long-term medical complications, additional care needs, psychological distress, and financial burdens for the family. It can be difficult to know where to turn or what steps to take next.
How Can We Help?
At Redkite, we have a dedicated and highly experienced clinical negligence team that has successfully handled numerous cases involving children. We understand that while the primary focus is always on the child’s wellbeing, families also require practical and emotional support throughout the legal process.
We can assist with:
- Interim payments to help cover immediate medical expenses and care costs.
- Rehabilitation and treatment funding, including private physiotherapy, occupational therapy, and psychological support.
- Securing long-term financial compensation for children who require lifelong care or support due to their injury.
We have handled high-value child clinical negligence cases, with compensation awards reaching several million pounds. Our aim is to guide you through the legal process, ensuring you receive the support and compensation your child needs for their future.
Common Questions About Clinical Negligence Claims for Children
Can I make a claim for my child’s medical negligence injury?
If your child has suffered harm due to a medical mistake or substandard care, you may be able to pursue a claim for compensation. This could involve errors made by doctors, nurses, surgeons, midwives, or other healthcare professionals. We can assess the circumstances of your case and advise you on your legal options.
How much compensation could my child receive?
The amount of compensation depends on the severity of the injury and its long-term impact. If the negligence has resulted in lifelong medical needs, loss of independence, or future financial losses (such as reduced earning capacity), the compensation could be substantial, in severe cases, reaching millions of pounds. We will provide a thorough assessment of the claim to ensure your child receives the maximum compensation they are entitled to.
Who manages the legal case for my child?
Children under 18 cannot bring legal proceedings themselves, so a responsible adult, known as a Litigation Friend, must act on their behalf. This is typically a parent or guardian. In cases involving significant compensation awards or complex medical issues, the court may appoint a Deputy to oversee the child’s financial and legal affairs, ensuring their best interests are protected. We can guide you through this process and advise on the best approach for your child’s case. At Red Kite we have our own Deputy team which can assist with this process too.
How is the claim resolved?
Most clinical negligence claims are settled through negotiation, where an agreement is reached with the Defendant (such as a NHS Trust) regarding the compensation amount. If a settlement cannot be reached, the case may proceed to court for a judge to determine the level of damages.
For children, any compensation award must be approved by the court, who will also decide how the funds should be managed, often placing the money into a trust until the child turns 18.
How do I pay for legal representation?
Most child clinical negligence claims are funded through a Conditional Fee Agreement (also known as No Win, No Fee). This means that if the claim is unsuccessful, you do not have to pay our legal fees.
We have extensive experience in handling No Win, No Fee agreements and will explain everything clearly, ensuring you fully understand the financial aspects of your child’s claim.
Every day, we work with our clients to ensure that they are receiving the support and compensation they need to get their lives back on track. If you are concerned that your child has encountered harm as a result of Clinical Negligence, our specialist team within Redkite Solicitors would be more than happy to offer you a non-obligation call or meeting to go through all the details with you carefully and establish whether we would be able to assist.
This article was written by Redkite Solicitors, Lowri Bourne. To find out more about Lowri and the support that she can provide to you, visit her website profile here:https://www.redkitesolicitors.co.uk/team/lowri-bourne/
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.