Medical negligence claims for children: advice

Medical negligence claims for children: advice

If you need advice about medical negligence claims for children, we can help you during what we imagine is a difficult time for all involved.

Having to bring a legal case is probably not what you would want to have to do, especially when it’s for a child. But when it comes to justice when something has gone wrong for a child, it’s important to know what the child’s rights are.

You can initiate medical negligence claims for children, and here’s a little advice about how it works and what to do.

About medical negligence claims for children

Medical negligence claims for children mostly work in the same way as any other form of legal case for compensation. However, there are some things that are different, and the usual ones are:

• There must be an adult who acts as a ‘Litigation Friend’ for the child and brings the claim on their behalf;
• Damages agreed for the child are usually held in a court trust fund that they can then access when they turn 18 (although some withdrawals can be requested before then);
• A court hearing will normally take place for a judge to approve any agreed settlement between the parties.

The Litigation Friend is usually a parent or guardian, or some form of relative. We will conduct our own assessment to confirm that the person is suitable to be the Litigation Friend.

If the child turns 18 during the course of the case, they no longer need a Litigation Friend.

Is the hearing anything to be worried about?

The hearing is for a judge to ensure that the best interests of the child are at the heart of any agreed settlement.

It’s largely to ensure that the settlement is fair. We wouldn’t want a Litigation Friend to want to try and agree an under-settlement, which isn’t fair for the child at all.

DO MEDICAL NEGLIGENCE child claimS take longer?

Sometimes, medical negligence claims for children can take a little longer than other standard claims. One of the main reasons is that we must prepare for, and attend, the hearing mentioned above.

That being said, any delays shouldn’t cause an issue given that the money will normally be held in a court trust fund in any event.

What to do

For tailored advice about medical negligence claims for children, just give our friendly team a call on 0800 634 75 75 today, or feel free to leave a message on our call back form. We’ll be happy to offer you free, no-obligation advice, and if we can assist you, we can also offer No Win, No Fee representation as well