In this section

Clinical negligence

Clinical negligence

If you believe your child has been injured due to poor medical treatment or advice, you should speak to a specialist solicitor as quickly as possible. Your child may be entitled to compensation if, for example, he or she suffered an injury because a healthcare professional:

  • Made a mistake when you were pregnant with your child, during labour, childbirth and/or immediately following your child’s birth.
  • Failed to diagnose a condition, made the wrong diagnosis or delayed in making the correct diagnosis for your child’s condition
  • Made a mistake during a medical procedure or operation on your child.
  • Gave your child the wrong drug.
  • Failed to warn you appropriately, or at all, about the risks of a particular treatment or procedure with regard to your child.

Claiming compensation for clinical negligence

If your child has been injured as a result of poor medical treatment, he or she is entitled to make a compensation claim for the injuries they have suffered and also for the financial costs that have been incurred as a result of the injury.

If the claim is successful, the compensation will help to pay for the costs of your child’s past, current and future needs, such as specialist care, treatment and therapies, specialist equipment, suitably adapted accommodation and assistive technology. A claim can provide you with peace of mind that your child’s future needs will be provided for and enable you to focus on your family’s wellbeing.

Specialist solicitors will support you through the process of making a claim. They can also advise you on funding your child’s claim, for example through legal aid or a “no win, no fee” agreement. 

To make a claim for compensation, a solicitor would need to obtain evidence from an expert to show that:

  1. The medical professionals who treated you or your child provided substandard treatment.
  2. That as a direct result of that substandard treatment, your child has suffered injury.

Solicitors

We cannot recommend any particular firm, however we do work with solicitors who specialise in personal injury and clinical negligence cases. We are confident that they are reputable and supportive of the work we do. These include Bolt Burdon Kemp (see below), Irwin Mitchell and Enable Law. 

Bolt Burdon Kemp (BBK)Bbk

Bolt Burdon Kemp solicitors have over 30 years’ experience and specialise in complex and serious injury compensation claims.

They have recently been listed as one of the Top 20 specialist law firms for client service in an independent survey carried out by Legalease. They are also ranked in the Legal 500 Independent Guide to Law Firms 2020 and in the Chambers & Partners 2020 guide. 

You can have a free, no-obligation conversation with their team. They will listen to you and will let you know whether or not they think they can help you investigate your child’s potential claim for compensation. They will also let you know what the next steps might be and your options in terms of funding the claim.

They have dedicated teams focussing on child brain injury, spinal cord injury, medical negligence and personal injury claims. Their focus is on working with you and your family to provide your child with the specialist rehabilitation treatment needed to improve their future prognosis and ensure suitable educational support via their IPSEA qualified special educational needs advisors. They will visit you at home, hospital or any other suitable venue.

Bolt Burdon Kemp support Contact in many ways including financially enabling us to reach more families in need. 

Speak with Caroline Klage or other members of her team.

Related information

You may also want to look into other options, such as using the NHS complaints procedure or complaining to your local Clinical Commissioning group.

Contact cannot recommend a particular solicitor and you must choose the right solicitor for you.