Paediatric Negligence Claims

Paediatrics is the branch of medicine focused on the care of children from birth until young adulthood. As with any medical discipline, the care offered by paediatricians can sometimes fall below the standard expected, which could result in a paediatric negligence claim.

Common examples of paediatric negligence include birth injuries, missed fractures, delayed diagnosis of childhood conditions and prescription errors. These can result in anything from temporary pain and discomfort to lifelong disability.

If your child suffered avoidable harm due to medical negligence, you may be entitled to compensation. To find out if you have a valid claim, contact our expert legal advisers today by calling 0800 470 0474 or using our online claim form.

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Table of Contents

• What is paediatric medical negligence?
• Can I make a paediatric negligence claim on behalf of my child?
• How do I make a claim for paediatric malpractice?
• What are the different types of negligence in paediatrics?
• What are the dangers of paediatric clinical negligence?
• How much compensation could my child receive for their injuries?
• Will I be able to secure an interim payment?
• Will I need to go to court to make a clinical negligence claim?
• What is the time limit to start a compensation claim on behalf of a child?
• Can medical negligence claims be made on a No Win No Fee basis?
• Start your paediatrics negligence claim today!

What is paediatric medical negligence?

Paediatricians, like all other healthcare professionals, owe a duty of care to their patients. They must provide a standard of care that is skilful, competent, and appropriate for the child’s age and medical condition. Key aspects of this duty include:

• Assess symptoms carefully and patiently
• Provide suitable treatment without delay
• Clearly explain the child’s condition and treatment options to their parents or legal guardians
• Obtain informed consent from the parents before proceeding with treatment or procedures
• Monitor the child’s response to treatment and arrange follow-up care

Paediatric medical negligence occurs when the doctor responsible for treating a child provides care that falls below the acceptable standard, and this results in harm or injury.

This can involve mistakes made by doctors, nurses or other medical staff, such as a missed diagnosis of meningitis, failure to treat an infection or failure to adhere to hygiene standards.

Can I make a paediatric negligence claim on behalf of my child?

If your child suffered avoidable harm or their condition worsened due to substandard medical care, you may be able to make a medical negligence claim on their behalf.

All children under the age of 18 are considered to lack the legal capacity to make decisions about personal injury cases and need a litigation friend to represent them. This is typically a parent or a legal guardian, but it can also be any other person over 18 who:

• Has no conflict of interest with the child
• Is able to make fair and competent decisions about the case
• Agrees to take on the role and all the responsibilities that come with it

If you want to claim compensation for your child, you should contact a medical negligence solicitor as soon as possible. They will assess your case and help you make your claim if the following can be proven:

• A healthcare professional owed your child a duty of care
• This duty was breached through a misdiagnosis, prescription error or another type of negligent treatment
• The negligence caused your child to suffer a physical or emotional injury

If the solicitor takes on your case, they will guide you through all the steps of the claims process, which are described in more detail below.

How do I make a claim for paediatric malpractice?

If you have contacted a personal injury lawyer and can proceed with a paediatric negligence case, the first step is to apply to the court to be named as the child’s litigation friend.

Once appointed, the claim will proceed like any other personal injury claim. Your solicitor will help you collect the necessary evidence to support your claim, which could include:

• All relevant medical records, such as GP notes, doctor’s notes, diagnostic test results, maternity records and treatment records
• An independent review from a medical specialist in the relevant field – they will review all medical records and explain why the care received by your child fell below an acceptable standard
• Photographs or videos showing any visible injuries or disabilities suffered due to the negligence
• A detailed statement from you regarding the child’s symptoms, how the injury or worsened condition has affected their life and the impact on the family
• Statements from witnesses, such as other family members, friends, medical staff or caregivers
• Proof of financial losses and expenses incurred as a result in the form of receipts, invoices, payslips or bank statements

After gathering the relevant evidence, your injury lawyer will work with experts to calculate the value of your claim. Next, they will send a formal letter of claim to the healthcare provider, setting out the allegations and the compensation sought.

In many cases, the defendant will admit fault and will offer a settlement. If this happens, your solicitor will negotiate with them to secure the maximum compensation that reflects your child’s injury and future needs.

If the healthcare provider disputes the claim, your solicitor may issue court proceedings. However, even if court proceedings are issued, most claims are still settled out of court.

Any settlement secured by a litigation friend must be approved by a judge to ensure it is fair and in the child’s best interest. The funds are then held in a court bank account or a personal injury trust until the child turns 18.

What are the different types of negligence in paediatrics?

There are many different types of paediatric medical negligence. Some of the most common types include:

What are the dangers of paediatric clinical negligence?

Paediatric negligence can be truly devastating and can permanently affect a child’s life, as well as that of their family. Some of the possible consequences of negligent paediatric care include:

• Physical damage and disability – Mistakes such as missed diagnoses, birth injuries, or surgical errors can result in paralysis, impaired mobility, chronic pain or organ damage
• Cognitive and developmental delays – Paediatric injuries affecting the brain may cause learning difficulties, delayed speech, intellectual delays and difficulties with memory and attention
• Emotional and psychological trauma – children harmed by negligent medical care may also suffer from anxiety, depression, stress or post-traumatic stress disorder (PTSD)
• Loss of educational and career opportunities – children with long-term injuries or disabilities may miss a lot of school, struggle to keep up, or require special education and may never be able to work
• Lifelong care needs – severe injuries may leave a child dependent on family or professional carers, assistive devices, medication or other therapies
• Reduced quality of life – the child may not be able to participate in typical childhood activities, develop social relationships or live independently as an adult, which can significantly diminish their quality of life
• Financial burden on the family – parents may have to give up work to look after the child, pay for specialist support or cover private treatments and medical aids

Your personal injury solicitor will make sure that all relevant losses are included in your claim, and they will work hard to secure the maximum compensation you are entitled to.

How much compensation could my child receive for their injuries?

There is no set amount of compensation awarded for paediatric negligence claims. All injury claims are calculated on a case-by-case basis, depending on each claimant’s specific injuries and how these have affected their lives.

How much compensation your child is entitled to will be based on two types of damages:

General damages compensate for the actual injury or illness caused by the negligence. This will take into account:

• The physical pain and suffering your child has endured
• Emotional distress and psychological harm
• Loss of enjoyment of life and reduced ability to participate in social activities
• Long-term scarring, disfigurement or disability
• Reduced life expectancy or quality of life

Special damages cover the financial costs and losses related to the injury, such as:

• Past and future expenses for medical treatments
• The cost of paying for carers, private tutors or specialist care
• Medical equipment and home adaptations to support a disability
• Travel expenses for visits to the hospital
• Lost wages incurred by parents to take care of their child
• Other out-of-pocket expenses related to the injury

Will I be able to secure an interim payment?

An interim payment is a sum of money that can be advanced to claimants from their anticipated final compensation. These can be crucial in cases that involve serious and complex injuries and can provide vital support to meet immediate and ongoing financial needs while the claim is ongoing.

To obtain interim payments for your child, you must generally meet a range of conditions, including:

• The defendant has admitted liability for your child’s injury.
• The court is satisfied that you have a strong chance of winning at trial.
• You must be able to show that your child has immediate or ongoing expenses related to the injury, such as private medical treatments or specialist equipment.
• The sum you request must be a reasonable proportion of the expected final compensation.

Will I need to go to court to make a clinical negligence claim?

The vast majority of claims, including paediatric medical negligence claims, are resolved through negotiations. However, there are situations when a paediatric claim cannot be resolved without court proceedings, such as:

• The healthcare provider or their insurer denies negligence or disputes liability for your child’s injury
• There is a disagreement regarding a fair compensation award
• Your case involves complex medical issues or multiple parties
• The defendant or their insurer is slow to respond or unresponsive
• You want to apply for interim payments to cover your child’s urgent needs

Even if court involvement isn’t needed to reach a settlement, you will still need to attend an Infant Approval Hearing. During this hearing, a judge will review the evidence to ensure that the proposed compensation is fair and sufficient to meet the child’s current and future needs.

What is the time limit to start a compensation claim on behalf of a child?

Under the Limitation Act 1980, you typically have three years from the date of injury or the date negligence was discovered to start a personal injury claim.

However, because children cannot handle legal proceedings, the standard three-year limitation period does not apply to them. Medical negligence claims for children can be made by a litigation friend (typically a parent or legal guardian) at any time before the child turns 18.

If no claim is made on the child’s behalf while they are under 18, they have from their 18th birthday until they turn 21 to start a claim themselves.

If the injured person has suffered an injury or condition affecting their mental capacity permanently, such as autism or cerebral palsy, there is no limitation date at all.

Can medical negligence claims be made on a No Win No Fee basis?

Yes. If your child has suffered harm due to medical negligence, the solicitors we work in partnership with will offer you a no win no fee service. This means that:

• You don’t have to pay them anything upfront.
• If your claim is successful, your solicitor will get a success fee of up to 25% of the compensation amount.
• If your paediatric claim is unsuccessful, you won’t have to pay your solicitor a penny.

In some cases, your solicitor may also advise taking out ATE insurance to provide additional protection from other litigation costs, such as court fees, medical reports, and the defendant’s legal representation.

Start your paediatrics negligence claim today!

If you believe your child has suffered harm due to negligent medical care, it’s important to speak with a specialist medical negligence solicitor as early as possible.

We offer a free, no-obligation case assessment to help you understand your legal options. If you’re eligible to claim, your solicitor will guide you through every stage of the process. They will handle all legal communications, gather evidence, and keep you informed throughout, so you can focus on your child’s well-being and recovery.

To speak with a friendly legal adviser, call 0800 470 0474 or fill out our online claim form to request a call back.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.