We look at understanding child medical negligence claims and what you, as a parent, can do to take legal action.
There’s no more traumatic time for any parent than when their child suffers major injuries or has a serious illness.
Children are the most precious of patients, and among the most vulnerable to undergo medical care. It’s arguably the most challenging situation their parent or guardian will ever face.
Substandard treatment of a child, including during birth, can have catastrophic long-term ramifications for any young patient. The effects can last for years, perhaps well into adulthood, or even for their entire life.
For example, a misdiagnosis or any avoidable delay in treatment could be crucial. Several serious conditions such as cancer, meningitis or sepsis going untreated could result in life-changing – or life-limiting – outcomes. There’s much more to medical negligence claims for misdiagnosis, though. For instance, a failure to correctly diagnose a condition that isn’t life-threatening may mean the child misses out on help with their development, via therapy, remedies or rehabilitation. The negative impact of missing such beneficial treatment could prove to be immense.
Neonatal negligence and mistakes during labour or delivery can also lead to babies being born with low oxygen levels (known as hypoxia), skull fractures, Erb’s palsy (a weakness affecting arms and shoulders) or low blood sugar, called hypoglycemia. The immediate effects of hypoxia can leave a young patient short of breath, fatigued, confused, dizzy and with slurred speech.
Those suffering from hypoglycemia can also experience hunger, dizziness, anxiety, blurred vision and confusion.
It’s the longer-term effects that are really problematic for younger patients, however. Some of the more severe symptoms can have a critical effect too. A loss of coordination or consciousness and impaired judgement are possible outcomes, but the worst affected can also suffer seizures or end up in a coma.
Errors in medication are also likely to be extremely hazardous for younger patients, who don’t have the tolerance that adults have built up over time. Yes, mistakes can and do happen in any walk of life, medicine included. But such mistakes can be dangerous for children, as it’s thought that such errors can have three times the potential to cause significant harm.
It’s vital, therefore, that patients receive the right dosage of medication and that it’s administered correctly. Failings in this department can cause appalling side effects and have a profound effect on the child’s condition, such as limiting their recovery, or extending the amount of time it takes to recover.
The same is true when the child is undergoing surgical procedures. The consequences for failings in theatre can be arduous, long-lasting and traumatic. Accurate diagnosis is crucial, as is a treatment plan and competence when a minor goes under the knife. Procedures can be daunting events in anyone’s life, especially when it’s a young patient being treated, and mistakes can cause long-lasting damage.
It’s clear, therefore, that children are among the most vulnerable patients that healthcare professionals will treat. If you suspect that your child has been the victim of medical negligence, that the care they received – whether it’s from an NHS worker, private practitioner, emergency worker or dentist, for instance – fails to meet the required standards, you need to take action.
Some warning signs that you should look out for include:
You may worry that you’re over-reacting but, if you instinctively feel that something is wrong, you shouldn’t be afraid to seek clarification with a second opinion from a medical professional.
It’s important to remember that, to make a successful claim for medical negligence, there needs to be evidence that a duty of care existed between your young patient and the healthcare provider, and that that duty was breached, leading to avoidable harm. A thorough assessment of the effects of the negligent treatment may be required, to establish your chances of success and how much you may be entitled to expect to be paid in compensation.
Amounts won in a claim will vary and depend primarily on the severity of the harm caused and its impact, the extent of which may not immediately be evident, and compensation in such cases can be paid in order to cover:
So, how does someone under 18 go about making a claim for medical negligence if they’re unhappy with the treatment they’ve received? Well, as children can’t make a claim themselves, it has to be brought on their behalf by a parent or guardian. If neither is available then they’ll need a suitable adult, which would normally be a trusted friend or family member, or other associate who’s willing and able to act on their behalf.
Be aware that the time limits of a medical negligence claim do exist, but the limitation period may not necessarily apply to the date (or date you became aware of) the injury. Instead, the three years begin when the child turns 18. This is to allow for the possibility of parents or similar representatives claiming, even if the full extent of the harm sustained by the child isn’t evident.
If your child has suffered as a result of incorrect, improper, insufficient or inadequate medical practices, Abbleys Solicitors will hold those responsible to account. If you’d like more information on how to make a compensation claim on behalf of your child, contact us today by clicking the button at the bottom of this article.
