Advice on claims for medical negligence for child or young person
Amaze sponsors and partners Slater and Gordon are local experts in medical negligence. We asked principal lawyer, Nisha Sharma, to explain how the process of making a claim works for families.
Why do people make a claim for compensation for medical negligence?
“The aim of a medical (or ‘clinical’) negligence litigation is to get financial compensation where a person has been harmed because of substandard medical care. If successful, a claim for compensation will aim to put a claimant back in the position they would have been had the wrongdoing not happened – or as close to that point as money can get. While monetary compensation is never going to change a dreadful outcome, litigation aims to help you rebuild your life by getting funds for things like therapy and treatment.”
How long after a medical error can I make a claim?
“The general rule is that claims can be made up to three years after the negligent event happened.
“However the rule is different for children, who can claim up to three years after their 18th birthday, regardless of whether the medical incident happened when they were born, or at any point up to the age of 18.
“Sometimes there are exceptions to this rule, for example if you did not know that the treatment caused harm until after three years of the error (which is known as the date of knowledge), but the law around this type of situation is complex and we would advise that you discuss this with a solicitor to get accurate advice for your particular circumstance.”
Will I be charged for making a claim?
“Slater and Gordon can offer funding on a ‘no win, no fee’ basis, as we’re one of Britain’s biggest specialist injury claims firms. Other large firms may be able to do the same.
“No win, no fee agreements, also known as conditional fee agreements, mean you can seek compensation for your injuries without additional worry and stress.
“You can find out more about this type of funding on our website: No Win No Fee Claims Lawyer UK | Slater + Gordon or by contacting us – we are happy to explain funding and answer any questions you may have.”
Can I get free legal advice before deciding to take a claim forward?
“Yes. If you believe you may have a claim, we will ask you to tell us what happened, and we will then decide if the case is something we believe should be taken further or not. We never charge for these first meetings.”
How long does a medical negligence case take from beginning to end?
“The claims progress can be lengthy, usually taking a number of years, depending on how complicated the case is. This is often the case with children, and with cases to do with brain injury and developmental delay, as the long-term implications of the harm caused can take some time to become clear.”
Is damages money only received at the end of a successful case?
“Not always. In some cases, where a defendant admits liability early on, but it is still not possible to determine the total amount that should be paid to the claimant, they may be eligible for what’s called interim payments. This means that claimants may receive one, or more than one, lump sum to tide them over before the case has reached its conclusion, helping families to pay for care support, treatments, accommodation, and other such expenses.”
If my child is harmed, who brings the case – me or them?
“If a child has been harmed, a medical negligence claim is brought in their name. However, if they are under 18, they require a ‘litigation friend’. A litigation friend is a person who deals with the matter on their behalf, acting in their best interests. This is often a parent or family member.”
What should I do if I think my child has a claim?
“You are welcome to get in touch with us on 0330 107 5012. We will happily talk you through the process. Please remember to mention that you heard of us through Amaze. You can also contact Nisha Sharma directly by emailing her at [email protected]. An initial conversation does not mean you are under any obligation to take things further.”
