Child Medical Negligence Claims

When your child has been harmed during medical care, the impact on your family can be deeply distressing. You may be trying to understand what went wrong, whether different care should have been provided, and what your child may need in the months and years ahead.

Child medical negligence can happen when a doctor, surgeon, nurse, midwife, GP or other healthcare provider gives care that falls below the expected standard, and this causes avoidable harm. This may involve a delayed diagnosis, surgical error, birth injury, medication errors or failure to act on worrying symptoms.

At JMW, our specialist medical negligence solicitors support parents, legal guardians and litigation friends through these sensitive claims with care and clarity. We listen to your concerns, investigate what happened, gather the evidence needed to support the claim, and pursue compensation that reflects your child’s needs now and in the future

To speak to our team about a child medical negligence claim, call us on on 0345 872 6666, or contact us online for free initial advice.

Compassionate Legal Support for Paediatric Negligence Claims

When your child has been harmed by negligent medical treatment, it can be difficult to know where to turn first. You may still be caring for your child, attending appointments, arranging support, or trying to understand why their condition changed. Our role is to help you take the next step with clear advice, careful investigation and sensitive support.

At JMW, we handle paediatric negligence claims involving doctors, surgeons, nurses, midwives, GPs, hospitals and other healthcare providers. We take time to understand what happened to your child, how their life has been affected, and what they may need in the future. We then explain whether you can bring a medical negligence claim on their behalf.

When you contact us, our medical negligence team will:

• Listen to your concerns: we will give you time to explain what happened, what your child experienced, and why you feel the care they received may not have been right.
• Explain your options clearly: we will advise whether there may be grounds for a child medical negligence claim and what the next steps may involve.
• Investigate the care your child received: we will obtain and review medical records, appointment notes, referral letters, test results and other evidence.
• Work with independent medical experts: we will ask the right specialists to review the care provided and explain whether it fell below a reasonable standard.
• Assess your child’s needs: we will consider the impact on your child’s health, development, education, care needs and future independence.
• Pursue compensation that reflects your child’s future: where the evidence supports a claim, we will seek compensation for your child’s injury and the support they may need now and in later life.

Child medical negligence claims often involve sensitive questions about a child’s treatment, development and long-term care. Our solicitors will guide you through the process in a way that is clear and respectful, while keeping your child’s wellbeing and future needs at the centre of the claim.

Led by highly respected solicitors Eddie Jones and Angharad Hughes, our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. We have many years of experience supporting families through the process of making a claim on their child's behalf, and achieving positive outcomes to help them move ahead with their lives. Whatever questions you have, we will aim to answer them, and provide you with the support and reassurance you need during this emotionally challenging time.

Meet The Team

Our child medical negligence claims team works with families to investigate care provided by doctors, surgeons, nurses, midwives and other healthcare professionals, with a focus on securing the support a child needs now and in the future

When Can You Make a Child Medical Negligence Claim?

You may be able to make a child medical negligence claim if your child received care that fell below a reasonable standard, and this caused them avoidable harm. This harm may involve a new injury, a condition becoming worse, a delay in recovery, and additional needs that could have been avoided with appropriate medical care.

Medical professionals owe children a duty of care when they assess, diagnose, treat or monitor them and they must provide care that meets the standard expected of any reasonably competent healthcare professional in that role.

The relevant  standard of care can include taking a child’s symptoms seriously, listening to concerns raised by parents or carers, arranging appropriate checks, explaining treatment clearly, giving safe care, and responding properly if the child’s condition changes.

A child medical negligence claim may be possible where:

• A healthcare provider owed your child a duty of care but the care provided fell below the standard that should reasonably have been expected.
• Your child experienced avoidable harm as a result.
• The harm has affected, or may affect, your child’s health, development, care and other relevant  needs or future wellbeing.

Evidence gathered must show that the care given was negligent and that this caused avoidable harm. Our solicitors will explain this clearly, review your child’s medical records and work with independent medical experts to assess whether you have grounds to claim.

Common Child Medical Negligence Claims We Can Help With

Child medical negligence claims can involve many different types of care. Some arise from one serious mistake, while others involve several missed chances to recognise that a child needed tests, treatment, referral or closer monitoring.

Our solicitors help families with child medical negligence claims involving hospitals, GP practices, ambulance services, maternity units, surgical teams and other healthcare providers.

Birth injury claims

Birth injury claims can arise when mistakes during pregnancy, labour or delivery cause avoidable harm to a child. These claims may involve midwives, obstetricians, doctors, nurses or other members of the maternity team.

Examples of medical negligence during maternity care include:

• Failure to respond to signs of distress: if a baby shows signs of distress before or during labour, doctors and midwives should take appropriate action.
• Delays in carrying out a caesarean section: a delay may cause harm if a caesarean section should have been performed sooner.
• Failure to monitor the mother and baby properly: this may include problems with interpreting scans, observations or heart rate monitoring.
• Oxygen deprivation: a lack of oxygen before, during or shortly after birth can cause serious injury.
• Avoidable brain injury: in some cases, negligent maternity care can lead to brain injury with lifelong consequences.
• Cerebral palsy linked to negligent care: cerebral palsy can have many causes, but a claim may be possible where medical negligence caused or contributed to the condition.

Delayed diagnosis and misdiagnosis claims

In some cases children can become seriously unwell quickly, and parents often know when something is not right. A delayed diagnosis or misdiagnosis claim may arise where a doctor, nurse, GP, hospital team or other healthcare provider failed to recognise symptoms, arrange tests, make a referral or act on worrying results.

These claims may involve:

• Failure to investigate serious symptoms: such as ongoing pain, weakness, seizures, breathing problems, unusual tiredness or changes in behaviour.
• Failure to refer to a specialist: where a child needed review by a paediatrician, surgeon, neurologist or another specialist.
• Missed test results or scan findings: where abnormal results were not reviewed, acted on or explained.
• Delayed treatment: where a child’s recovery, development or long-term health was affected because treatment did not begin when it should have.
• Misdiagnosis of a serious condition: where symptoms were wrongly attributed to a less serious issue and the child’s condition worsened as a result.

Surgical error claims

Surgery can be a worrying experience for any family. When a child is having an operation, the surgical team should plan the procedure carefully, explain the risks, carry out the surgery to a reasonable standard and monitor the child properly afterwards.

A child medical negligence claim may arise if a surgical error caused avoidable harm. Examples include:

• Mistakes during the procedure: where a surgeon causes an avoidable injury during an operation.
• Anaesthetic errors: where mistakes are made before, during or after anaesthesia.
• Failure to monitor after surgery: where signs of deterioration, pain, bleeding or other complications were not acted on.
• Poor surgical planning: where the team failed to consider a child’s age, size, medical history or specific risks.
• Inadequate aftercare: where discharge, follow-up or post-operative advice fell below a reasonable standard.

Medication error claims

Medication errors can be especially serious for children because doses often need to be calculated carefully according to a child’s age, weight, condition and other medication.

A claim may be possible if your child was harmed because of:

• The wrong medication: where a child was given medicine that was not suitable for their condition.
• The wrong dose: where the dose was too high, too low or not adjusted for the child’s weight or age.
• Failure to check allergies: where a child was given medication despite a known allergy or clear warning in their records.
• Failure to consider existing conditions: where medication was not suitable because of the child’s health history.
• Poor monitoring: where a child was not monitored properly after receiving medication that required careful observation.

Emergency care negligence claims

Emergency care teams need to assess children quickly and respond to signs that a condition is serious or worsening. A claim may arise where urgent symptoms were not treated with the right level of care.

Examples include:

• Delays in assessment: where a child had to wait too long to be reviewed despite serious symptoms, such as delays by an A&E doctor in referring to a more senior doctor or a more specialist doctor, or in arranging investigations such as x rays or scans.
• Failure to recognise deterioration: where worsening observations, pain, breathing problems or behaviour changes were not acted on.
• Delays in treatment: where a child needed urgent hospital care but referral or treatment was not acted on sufficiently quickly.
• Failure to escalate care: where a child should have been reviewed by a senior doctor, paediatrician or specialist team.
• Unsafe discharge: where a child was sent home before proper checks were completed or without clear safety-netting advice.

GP and hospital negligence claims

Some child medical negligence claims involve the care provided by a GP practice, hospital department or several services working together. These claims may involve communication errors, missed referrals or a failure to follow up important results.

Examples include:

• Failure to refer: where a GP or doctor should have referred a child to hospital or a specialist.
• Failure to act on test results: where abnormal blood tests, scans or other results were not reviewed or followed up.
• Poor communication: where important information was not shared between doctors, nurses, departments or parents.
• Missed follow-up: where a child should have been reviewed again but was not given the right appointment or monitoring.
• Failure to listen to parental concerns: where parents raised concerns about their child’s health but these were not taken seriously or investigated properly.

How Medical Negligence Can Affect a Child’s Life

Substandard medical care can affect a child in many different ways. Some children recover well with the right care and support, while others experience changes that affect their health, development, education or independence in a way that requires lifelong care and additional support.

For parents and carers, it can be deeply upsetting to watch a child live with the effects of an injury that ought to have been avoided. You may also be trying to understand what your child will need as they grow, how their condition may change, and what support they will need to help them live as fully and comfortably as possible.

The long-term consequences of child medical negligence may include:

• Physical impact: a child may experience pain, reduced mobility, weakness, scarring, seizures, breathing difficulties, feeding problems or other physical symptoms linked to their injury or condition.
• Developmental impact: a child’s speech, movement, learning, coordination or independence may be affected, especially where there has been a brain injury, delayed diagnosis or prolonged period without appropriate treatment.
• Educational impact: some children need extra help at nursery, school or college. This may include learning support, specialist teaching, changes to the school environment, transport support or an Education, Health and Care Plan.
• Psychological impact: a child may experience anxiety, low mood, distress around hospitals or appointments, changes in confidence, sleep difficulties or other symptoms linked to what they have experienced.
• Care and family impact: families may need to arrange ongoing care, therapy, appointments, equipment, home adaptations or changes to daily routines.

In a child medical negligence claim, it is important to understand not only what has happened already, but also what the child may need in the future. Our solicitors work with independent medical experts, care experts and other specialists where needed to build a clear picture of your child’s injury, development and long-term needs.

Who Can Make a Claim on a Child’s Behalf?

A child under the age of 18 cannot usually bring a medical negligence claim by themselves. Instead, in cases involving children, a parent, legal guardian or another suitable adult will make the claim on the child’s behalf as a litigation friend.

A litigation friend is someone who makes decisions in the child’s best interests during the claim. This person gives instructions to the solicitor, provides information about the child’s care and needs, and supports the claim through each stage of the legal process.

A parent or legal guardian is often the most appropriate person to act as a litigation friend, but this is not always the case. Another adult may be appointed if they are better placed to act in the child’s best interests.

If no claim is made before the child turns 18, the child may be able to bring their own medical negligence claim as an adult, but a three-year time limit will apply.

What Is the Process for Making a Child Medical Negligence Claim?

The process for making a clinical negligence claim starts with understanding what happened, gathering the right evidence and assessing how the clinical negligence has affected your child’s life. We will guide you through each stage and explain what information is needed as the claim progresses.

The main stages usually include:

1. Initial consultation: we listen to your concerns, discuss the care your child received and explain whether there may be grounds for a claim.
2. Medical records: we obtain and review records from the relevant GP practice, hospital, NHS trust or private healthcare provider.
3. Evidence gathering: we build a timeline of events and gather evidence from parents, legal guardians, medical records and anyone who attended appointments.
4. Independent expert review: we ask independent experts for medical insight to assess whether the care fell below a reasonable standard, and whether this caused avoidable harm.
5. Letter of claim: if the evidence supports the claim, we set out the allegations of medical negligence to the healthcare provider.
6. Response and next steps: the healthcare provider responds, and we advise you on what this means for the claim.
7. Assessing your child’s needs: we consider the impact on your child’s health, development, education, care needs and future support.
8. Pursuing compensation: we pursue compensation that reflects your child’s injury and the support they need now and in later life.
9. Court approval: any compensation agreed for a child must be approved by a judge to make sure it is in the child’s best interests.

For a more detailed explanation of the legal process, read our guide to the stages of a clinical negligence claim.

What Evidence Is Needed to Support the Claim?

Evidence will show what care your child received, whether it fell below a reasonable standard, and how this affected their health, development and future needs. We will gather the formal evidence for you and explain what information you can provide to help us build a clear picture of what happened.

Evidence used in a child medical negligence claim may include:

• Medical records: GP records, hospital notes, maternity records, ambulance records, test results, scan reports, referral letters and discharge summaries.
• A timeline of events: a clear account of appointments, symptoms, treatment, concerns raised and changes in your child’s condition.
• Evidence from parents or carers: details from the people who saw what happened, attended appointments or cared for the child afterwards.
• Independent medical evidence: reports from medical experts who can assess the care provided and the impact on your child.
• Education and development records: nursery, school or college records where the injury has affected learning, development, behaviour or support needs.
• Care and therapy evidence: records of physiotherapy, occupational therapy, speech and language therapy, counselling, care support, specialist equipment or home adaptations.
• Financial evidence: receipts, invoices, travel costs and other records showing expenses linked to your child’s injury or care needs.

We will review the evidence carefully and use it to assess the medical negligence claim, the effect on your child’s life and the support they may need in the future.

How Is Compensation Calculated?

Compensation in a child medical negligence claim is calculated by looking at the harm caused by the negligent care and the support the child needs as a result. Every child’s situation is different, so the value of the claim depends on the nature of the injury, the effect on the child’s life, and their likely future needs.

Compensation is usually divided into two main categories:

• General damages: this covers the injury itself, including pain, loss of amenity and the effect on the child’s quality of life.
• Special damages: this covers financial losses and practical support needs linked to the injury, including past costs and future expenses.

In claims involving children, future needs are often a central part of the assessment. A child’s injury may affect their development, education, ongoing treatment and care needs, independence and ability to work in adulthood. We work with independent medical experts and other specialists to understand the full impact of the injury before valuing the claim.

A compensation claim may cover:

• Care and support
• Physiotherapy
• Occupational therapy
• Speech and language therapy
• Counselling or psychological support
• Specialist equipment
• Home adaptations
• Educational support
• Travel to medical appointments
• Future care needs
• Case management where needed
• Loss of earnings in adulthood, where relevant

Our solicitors will explain how compensation is calculated and make sure the claim reflects your child’s development and health needs, both now and in the future.

Interim Payments in Child Medical Negligence Claims

In some medical negligence claims, it may be possible to secure interim payments before the claim concludes. These are payments made in advance of the final compensation award and are usually considered where responsibility for the injury has been accepted, or where the court decides that an interim payment is appropriate.

Interim payments can help families to meet urgent needs for an injured child while the claim continues. We will consider whether interim payments can be requested as part of your clinical negligence claim. Where they are appropriate, we will explain how they work and how they may help your child access support sooner.

What Happens to a Child’s Compensation?

Any compensation agreed for a child must be approved by a judge. This is an important safeguard that makes sure the compensation is in the child’s best interests and properly reflects their needs.

Once approved, the child’s compensation is usually held and managed by a trustee or a professional deputy (usually a specialist solicitor) until they turn 18. This protects the compensation while the child is still underage. In some cases, funds can be released earlier if they are needed for the child’s care, therapy, specialist equipment, education, home adaptations or other approved expenses.

When the child turns 18, they can usually access the compensation, with any interest that has been added. If the child lacks mental capacity, different arrangements are needed to manage the compensation in their best interests. We will explain how this works and guide the family through the approval process.

What Are the Time Limits For Paediatric Negligence Claims?

The time limits for child medical negligence claims are different from the time limits for claims involving adults. A parent, legal guardian or litigation friend can start a claim on the child’s behalf at any point before the child turns 18.

Different rules apply if the child lacks mental capacity. In these cases, the usual time limit will not apply while they lack capacity, and the three-year deadline will only take effect after they have turned 18 and if they have mental capacity.

If you are unsure how the time limits apply to your child’s situation, read JMW’s guide to medical negligence time limits, or speak to our experienced team to learn your options and understand the next steps. It is often helpful to seek advice as early as possible, as this allows evidence to be gathered while events are still fresh and records are available.

Will the Claim Go to Court?

Some child medical negligence claims involve court proceedings, but this does not always mean there will be a contested hearing. According to NHS Resolution data for 2024/25, 83% of all clinical negligence claims during that period were resolved without court proceedings; you can read more in our blog post about how many medical negligence claims actually go to court.

Court involvement may be needed to manage the claim, approve compensation, or make sure the child’s interests are protected. If compensation is agreed for a child, a judge must approve it before the claim can conclude. This is known as an approval hearing. The judge will consider whether the compensation is appropriate and whether it is appropriate to meet the child’s needs.

If contested hearings are needed, we will explain what to expect and support you through the process. We will also prepare the evidence carefully, keep you informed at each stage, and make sure the focus remains on your child’s wellbeing and future needs.

Q

Can I claim if my child’s condition worsens later?

A

In child medical negligence claims, it can take time to understand how an injury will affect a child’s development, education, independence and future care needs. Experts have to be confident that they can give a prognosis that takes into account likely deterioration, otherwise the case is stayed (ie. the litigation placed on hold) until that is possible.

Our solicitors will then be able to review this assessment, consider whether earlier medical negligence caused or contributed to the change in your child’s condition, and explain whether you can bring a claim on their behalf.

Q

What is the process for claiming against the NHS?

A

The process usually starts with a free initial consultation with a medical negligence solicitor. We will listen to what happened, advise whether there are grounds for a claim, and explain the next steps clearly.

If the claim progresses, we will obtain your child’s medical records, gather evidence, build a timeline of events and ask independent medical experts to review the care provided. If the evidence supports the claim, we will set out the allegations of medical negligence to the NHS trust or other NHS organisation responsible for your child’s care.

Parents sometimes worry that bringing a claim will take funds away from the doctors, nurses and NHS services providing frontline care. However, the cost of NHS clinical negligence claims is handled through NHS Resolution, which manages claims on behalf of NHS organisations. This means the claim is dealt with through the NHS’s legal and indemnity arrangements, rather than being paid directly from the budget for your child’s treating team.

Q

How long will it take to resolve the claim?

A

The time it takes to resolve a child clinical negligence claim depends on the circumstances of the case. This may include the type of injury, the medical evidence needed, whether responsibility is accepted, and how clearly your child’s future needs can be assessed.

Some claims involving children need time to understand the full impact on the child’s health, development, education and care needs. We will keep you updated throughout the process and explain what is happening at each stage.

Q

Can I make a no win, no fee claim?

A

JMW offers free initial advice and will explain the funding options available for your child’s medical negligence claim. This may include a no win, no fee agreement, depending on the circumstances of the case.

If a no win, no fee agreement is suitable, you will not have to pay any upfront legal fees, and will not owe us anything if the claim is unsuccessful. We will explain how it works, what it covers and what you need to know before the claim begins.