A Guide to Claiming Medical Negligence Compensation for an Under 18

Medical negligence, unlike criminal negligence or malpractice, can occur due to honest mistakes. Your doctors don’t need to be out to get you, nor do they have to have an ulterior motive. Sometimes a mistake is a mistake, but that mistake could leave their patients with a life-long injury or disability. It could even result in death.

You do not deserve it, and if medical negligence has happened to your child, they do not deserve it. Not only is compensation needed to cover the pain and suffering your child has endured, but it should also cover all the medical costs necessary to make their life as comfortable as possible from now until the rest of their life.

Children are innocent, but accidents can happen. If that accident was caused by medical negligence you will want to follow this guide immediately:


What are the Rules About Claiming Compensation?

Though the rules for claiming NHS compensation for those under the age of 18 are fairly liberal, as a parent you should aim to get this matter settled. If you do not, it will be up to your teenager to make a claim on their own once they are 18, when instead if you handled the claim now you can get the compensation for them, and even gain the money you need to take care of them and whatever disability or injury they might have suffered.

When it comes to claiming compensation, you will need to:

  1. Prove the negligence
  2. Prove the negligence harmed your child


Can You Claim Compensation on a Minor’s Behalf?

As a guardian, you have the right to make a compensation claim on your child’s behalf. Children under the age of 18 cannot make this claim on their own.

Examples of compensation claims that you can make on your child’s behalf include misdiagnosis cases, delays, birth injury, and so much more. Any example of negligence deserves compensation.

To prove negligence, you only need to prove that the doctors did not provide your child with an adequate level of care. You cannot claim compensation for a genetic disorder, for example, but you could if a disorder or injury was caused from, say, a sleep-deprived nurse.


What Kind of Claim Can You Expect?

There are two main types of compensation you can receive:

One Off Payment

A single sum of money is paid as per the court’s ruling or as per your agreement. This money is placed into a Special Investment Account which only the child can access, and only once they turn 18.

Interim Payments

Alternatively, if the damage caused by the medical negligence results in ongoing disability or requires extensive care, interim payments could be made. This way you can cover your child’s needs over the years. This will continue until the full extent of the injuries becomes known, at which time the final sum will be decided. The money, in this case, would also go to a Special Investment Account, only this time will give the parent funds to cover treatments or special aids to help the child recover.

What Are the Steps You Will Need to Take?

To make a medical negligence claim you will need to prove that negligence occurred. If you believe you have a strong case, get in touch with medical negligence solicitors like us today. We will work on compiling a strong case in your favour, and help you get the compensation your child deserves and needs to overcome his or her injuries.