MEDICAL NEGLIGENCE

Child Medical Negligence: A Guide to Your Legal Rights

Author Alex Fisher Clinical Negligence Solicitor Apprentice

Last Updated 9th July 2026

When a child suffers harm due to medical negligence, we have seen that the consequences can be deeply distressing for both the child and their family. As a parent or guardian, you place your trust in healthcare professionals to protect your child’s health, and when that trust is broken, it can be devastating.

Child medical negligence describes where a healthcare provider fails to meet the expected standard of care, resulting in harm to a child. This could include misdiagnosis, delayed treatment, surgical errors, or failure to act on symptoms, all of which can have long-lasting effects on a child’s development, wellbeing, and future.

Those under the age of 18 cannot make a child medical negligence claim themselves. Instead, a responsible adult, usually a parent or legal guardian, must bring the claim on their behalf. This process is set up to make sure that children get the support and protection they need when seeking justice.

At Fletchers Solicitors, we understand how complex and emotional these situations can be. Our specialist medical negligence team is here to help you explore whether you can claim for a child medical negligence incident and guide you every step of the way with compassion and expertise.

Types of child medical negligence claims

Medical negligence involving a child can take many forms, and its impact can be life-altering. When a child’s health, development or future is affected by a medical mistake, the law allows a parent or guardian to pursue a child medical negligence claim on their behalf.

Below are some of the most common types of child medical negligence claims we support families with:

Birth injuries

Mistakes during pregnancy, labour or delivery can result in lifelong consequences. The birth injury claims we handle often involve conditions such as:

Cerebral palsy, often linked to oxygen deprivation during birth
Erb’s palsy, caused by nerve damage during delivery
Brachial plexus injuries, which can affect movement and sensation in the arms

These injuries can significantly impact a child’s physical development and long-term care needs.

Misdiagnosis or delayed diagnosis

From our experience, we know that children can suffer serious harm if conditions such as meningitis, sepsis, cancer or neurological disorders are missed or diagnosed too late. In a child medical negligence case handled by our team, a child’s profound deafness was diagnosed late, resulting in years of missed speech and language development, a crucial aspect of a child’s early years.

Developmental delays caused by medical negligence are particularly serious, as they can affect learning, communication, and social skills for life.

Watch how we’ve helped a family secure compensation after it took five years for their child (Vincent) to be diagnosed as profoundly deaf. This delay meant that Vincent missed years of speech and language development:

Watch his story here.

Explore how we can help with delayed diagnosis claims.

Surgical errors

Paediatric surgery requires specialist expertise. Mistakes made while operating on a child, such as wrong site surgery, internal injury, or failure to monitor post-operative recovery, can have long-lasting consequences. We’ve handled these types of claims, involving both physical harm and emotional trauma.

Learn more about surgical negligence claims.

Medication errors

Children’s medication requires careful calculation based on weight and age. Common errors our team has seen include:

Giving an incorrect dosage
Prescribing the wrong medication
Administering drugs in the wrong way

Such mistakes can lead to dangerous side effects or worsen the child’s condition. Our team can support you with wrong prescription claims.

Emergency care failures

In emergency situations, delays or failures in assessing and treating children appropriately can lead to serious or even fatal outcomes. From sepsis mismanagement to missed fractures, we’ve seen how the effects of poor emergency care can impact a child’s development.

If you believe your child has been affected by medical negligence, we’re here to help you find out what went wrong. Contact us today for a free consultation.

Time limits for child medical negligence claims

When it comes to child medical negligence claims, the law sees children differently to adults. This is also the case when considering time limits. Usually, you have three years from the incident or when you found out about it to make a medical negligence claim. However, this rule is extended in cases involving children.

If your child has been affected by medical negligence, you can usually make a claim any time before their 18^th birthday. There is also the possibility of making a claim up until the child’s 21^st birthday. This is because the standard three-year limitation period does not begin until the child turns 18.

However, we advise that it’s always best to seek legal advice as early as possible. Over time, medical records can be harder to access, memories can fade, and important evidence may be lost. This can make proving negligence more difficult. Acting early also ensures your child can access the care, therapy, and support they may need sooner.

Can I claim for a child medical negligence case even if the incident happened years ago?

In many cases, the answer is yes, as long as your child is under 21 and the negligence occurred before they turned 18, you may still have time to pursue justice on their behalf.

If you suspect your child has suffered due to medical negligence, don’t wait. Our expert team is here to help you understand your options and take the first step toward making a child medical negligence claim.

How to make a claim for medical negligence for a child

If you believe your child has been harmed due to medical negligence, you may be wondering how to start the process. At Fletchers, we understand how overwhelming it can feel. This is why our specialist solicitors take care of everything for you. Here’s what to expect when you begin a child medical negligence claim with us:

1. Initial consultation

We offer a free, no-obligation consultation to listen to your concerns and advise whether you may have a valid medical negligence for a child claim.

2. Gathering medical records and expert opinion

We collect your child’s full medical records and consult independent paediatric experts to assess whether the standard of care fell below what is legally expected.

3. Documenting the impact

We work closely with you to document how the negligence has affected your child’s development, daily life, education, and wellbeing. This will also include any future care needs.

4. Calculating financial losses

Our team will also gather details of any financial losses, including treatment costs, therapy, travel, and support needs, to ensure all child medical negligence claims are fully accounted for.

5. Establishing liability

We work to prove that the harm your child experienced was directly caused by substandard medical care. This is often the most technical stage and requires expert legal and medical insight.

6. Negotiating a settlement

Where possible, we seek a settlement out of court that fully reflects the long-term needs of your child. This can include compensation for pain and suffering, future medical costs, specialist education, and rehabilitation.

7. Going to court (if needed)

Most claims are settled before they reach court, but, if necessary, our experienced legal team will represent you and your child through every step of the court process.

What happens to the compensation for a child?

In child medical negligence claims, any compensation awarded is protected until the child turns 18. The money is typically held in a court-approved trust, ensuring it’s safeguarded and only used for the child’s benefit. In some cases, interim payments can be made earlier to cover urgent medical or care needs.

The court oversees how the funds are managed, giving parents peace of mind that their child’s future is financially secure. Once the child turns 18, they gain control of the remaining compensation.

Compensation amounts for child medical negligence

If your child has suffered due to medical negligence, the compensation awarded can play a vital role in securing their future. From our experience in child medical negligence claims, compensation is calculated to reflect not just what has happened, but also the long-term impact on your child’s life, development, and opportunities.

What can compensation cover?

Compensation is typically split into two categories:

1. General damages

This covers the pain, suffering, and the impact on quality of life your child has experienced — including their emotional and physical trauma, reduced enjoyment of life, and disruption to their development.

2. Special damages

This covers financial losses, both current and future. For children, these can be particularly wide-ranging and include:

Ongoing care and medical treatment
Therapy and rehabilitation (e.g., speech therapy or psychological support)
Specialist education and learning support
Mobility aids or adapted equipment
Travel costs to appointments
Loss of future earnings
Home adaptations or accessible housing

Children may miss key developmental milestones due to medical negligence, so it’s essential the compensation reflects both their current and anticipated future needs.

What are typical compensation amounts for child medical negligence?

Every child medical negligence claim is different, but here are some of the estimates taken from the 17^th edition Judicial College Guidelines to provide an indication:

Moderate brain injury: £52,550 – £267,340
Severe brain injury (requiring lifelong care): £344,150 to £493,000
Loss of hearing in both ears: £110,750 to £133,810
Psychological trauma in children: £4,820– £122,850 depending on severity and duration

For example, expert medical negligence Solicitor and Partner at Fletchers, Trevor Ward, secured £10.5 million in a child negligence settlement. This claim involved a delay in diagnosis of bacterial meningitis, resulting in two below-the-knee amputations, loss of most fingers on both hands, and renal failure. This settlement ensured that our client’s pain, suffering and future needs were all factored in.

Interim payments to support immediate needs

Claims involving children can take time to resolve, especially when the full impact of the injury isn’t yet known. That’s why we help secure interim payments where possible, allowing you to access vital funds early to cover urgent care costs, therapy, or educational support while the case progresses.

Why choose Fletchers Solicitors?

At Fletchers, we understand the emotional weight and complexity involved in pursuing a child medical negligence claim. These cases require not only expert legal skill, but also empathy, patience, and a genuine understanding of what families go through when their child has been let down by the healthcare system. We are committed to supporting families impacted by medical negligence, whether through surgical errors, delayed diagnoses, or issues with treatment, including in paediatric audiology cases.

That’s why so many families trust us to guide them through this process, and why we’re recognised as a leading firm in the field of medical negligence for a child.

Experts in child medical negligence

We’ve handled some of the UK’s most complex and high-value paediatric negligence cases, securing life-changing compensation for children who need long-term care, therapy, and educational support.

Our team includes several experienced solicitors who specialise in child medical negligence claims:

A proven track record

One of our most significant successes involved a child who developed cerebral palsy due to avoidable birth injuries. Led by our specialist team, the family secured a £17 million settlement, providing lifetime support, adapted housing, care, and therapies.

At Fletchers, we’re not only legal experts, we’re advocates for your child’s future. Contact our dedicated child medical negligence team today for a free, no-obligation consultation and find out how we can help you.

However, independent medical examinations may be needed to assess the extent of the injuries or ongoing medical needs. These are arranged by our expert team with paediatric specialists and conducted with sensitivity, ensuring your child feels safe and supported.

Funds can still be accessed before the child turns 18 for necessary expenses, such as:

Medical care
Therapy and rehabilitation
Educational support
Home adaptations

We’ll work closely with you to ensure all your child’s needs are met responsibly and transparently.

However, in very rare situations, such as if negligence is discovered after the original settlement or new evidence emerges, there may be legal options. That’s why working with experienced solicitors like those at Fletchers is essential to secure a settlement that truly reflects your child’s future needs.

Even in admitted liability cases, our solicitors work to ensure you receive fair compensation that covers both immediate and long-term care.

Claims can be brought for any type of injury a child suffers as the result of negligent medical treatment. Fletchers Solicitors has handled cerebral palsy and Erb’s palsy claims on behalf of children, but claims can be made for any injury, large or small. We’re also dedicated to supporting families affected by delays in diagnosis and treatment in paediatric audiology cases, which are currently widespread across the UK.

Frequently asked questions

Will my child need to attend court or medical examinations?

In most cases, your child will not need to attend court. From our experience, we know that the majority of child medical negligence claims are settled out of court through negotiation. If the case does go to court, and your child’s attendance is required, we will support you every step of the way to make the process as comfortable as possible.

How is compensation for a child’s claim protected and managed?

Because children cannot legally manage large sums of money, any compensation awarded is held in a court-approved trust until they turn 18. A court-appointed deputy or a parent acting as a ‘litigation friend’ may manage the funds under court supervision.

What if my child’s condition worsens after settling the claim?

Our experienced team know that it’s crucial to ensure any child medical negligence claim includes medical evidence that accounts for possible long-term changes. Once a settlement is agreed and approved by the court, it is usually final.

Can we claim if the hospital has already admitted a mistake?

You can still make a claim even if the hospital has already admitted their mistake. If a hospital or healthcare provider has admitted fault, this can actually strengthen your child medical negligence claim and speed up the legal process. However, you’ll still need to prove the extent of the harm caused and the impact it has had on your child’s life.

Still have questions about medical negligence for a child?

Contact our specialist child medical negligence team today for a free, no-obligation consultation. We’re here to help you every step of the way.