Making a clinical negligence claim for a child can at first seem confusing. However, Thompsons Solicitors has supported hundreds of children and families through the compensation process and can help you when pursuing a clinical negligence claim on behalf of a child.
Children (anyone under the age of 18) are too young to make a claim for themselves in court. However, an adult can make a medical negligence claim for a child who has suffered, or been injured, as a result of neglectful or inappropriate medical treatment.
To make a compensation claim, your solicitor will need to establish how the standard of care that your child received fell below reasonable expectations, whether this is linked to your child’s injuries and the level of compensation that will be required to help them sustain as independent a life as possible. The time-limit for starting a claim is three years from when the child turns 18.
In cases where a child’s injury is so severe that doctors are unable to predict the long-term consequences, interim payments can be pursued rather than a finalised claim. Interim payments can act as a vital source of funding, which can help with the costs of rehabilitation and ongoing treatment bills.
Thompsons Solicitors attain Court Approval before settling medical negligence claims for babies and children. This means that the Judge approves the amount of compensation that will be received, regardless of whether those responsible admit liability.
The compensation is then placed in a Special Investment Account which the child can access when they turn 18. If there are compelling reasons to do so, some of the funds may be released by the court beforehand.
*Written in collaboration with Thompsons solicitors.