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Medical Negligence Claims for Children

Child Related Medical Negligence Solicitors

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Jacqui Hayat

Partner & Head of Medical Negligence

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How children's medical negligence claims work

A child's claim is generally brought by a parent or another suitable adult acting as their litigation friend.

The litigation friend instructs the solicitor, makes decisions about the proceedings in the child's interests and helps provide information about the child's injuries and needs.

The legal investigation is broadly similar to an adult medical negligence claim. Medical records are obtained, independent experts assess whether the care was negligent and whether it caused avoidable harm, and compensation is assessed before settlement negotiations take place.

However, there are important differences concerning the child's involvement, future development, court approval and the management of compensation.

Will your child have to be involved?

In many cases, your child's direct involvement can be kept to a minimum. Parents normally deal with the solicitors and provide the necessary instructions.

Your child will not usually need to attend legal meetings or communicate directly with the defendant's solicitors. Most claims settle without a trial.

Some involvement may nevertheless be necessary. Your child may need to attend an independent medical assessment, and an older child may be asked about their symptoms or experiences. If proceedings reach a contested trial, their potential involvement will need to be considered.

We discuss these matters with parents in advance, taking account of the child's age, understanding, health and emotional wellbeing.

How is compensation assessed for a child?

Depending on the circumstances, it may include:

  • Pain, suffering and loss of enjoyment of life.

  • Additional care provided by parents or professional carers.

  • Future medical treatment, rehabilitation and therapies.

  • Educational support and specialist equipment.

  • Mobility aids and home adaptations.

  • Loss of future earning capacity.

  • Other expenses and long-term financial needs.

The assessment can be particularly complex where the child is young or their future development is uncertain.

It is important not to settle prematurely before the likely long-term consequences have been properly assessed.

What happens to compensation awarded to a child?

Compensation belongs to the child, not the parents.

A settlement reached while the claimant is under 18 must be approved by the court. The court considers whether the amount is appropriate and how the money should be protected.

Compensation may be paid into the Court Funds Office or managed through another court-approved arrangement. It is generally held until the child reaches 18.

Funds can sometimes be released earlier, with the necessary approval, to meet the child's needs, such as treatment, equipment or rehabilitation.

Where compensation is substantial or the child may lack capacity to manage their money as an adult, additional arrangements may be appropriate.

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Contact us today

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Telephone opening hours -
9am to 5pm

020 3540 4444

Stay ahead with insights from our lawyers on legal changes, risks, and opportunities that could affect you or your business.

  • Clear, practical legal updates
  • Invitations to useful webinars and events
  • Guides and resources you can actually use

You can unsubscribe at any time.