We've got your Child Misdiagnosis Claim covered
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Because young children and babies cannot verbalise and tell us what’s wrong, or where it hurts, an exact diagnosis isn’t always easy.
In addition, a lot of childhood illnesses have similar symptoms, such as high temperature, lethargy, reduced appetite – with some illnesses being minor and some extremely severe. For medics, this makes diagnosis more difficult.
However, a misdiagnosis can have a significant impact on your child and could lead to a delay in them receiving the correct treatment. If your child has received a misdiagnosis from a healthcare professional and has suffered an injury, you may be eligible to make a claim.
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Is there a time limit on making a claim for child misdiagnosis?
When making a claim for medical negligence, if the person who the mistake happened to is or was under 18 at the time, the time limit for issuing court proceedings is 3 years from the date of their 18th birthday (i.e. their 21st birthday). It is however helpful to make the initial enquiry long before that day arrives.
If the person the mistake happened to did not and does not have mental capacity, there is no time limit on making a claim.
How to make a claim
Although someone under the age of 18 cannot submit their own claim for medical negligence, a parent, guardian, or another responsible person, known as a ‘Litigation Friend’ can make a claim on their behalf.
The Litigation Friend will provide instruction and receive advice in connection with the case and may on occasion be able to manage the compensation that is obtained.
What happens to my child’s compensation?
If an award of damages is made or agreed for the child, approval by the court is needed. Not all medical negligence cases will require involvement of the court but in cases where a damages award is given for a minor, any settlement monies and their investment and management must be approved by a judge at a hearing. This hearing is called an infant approval hearing.
Whist attending court can seem daunting, infant approval hearings are often informal and quick, and the purpose is simply for the court to ensure any award is fair and reasonable for the child and is to be managed correctly.
If your child was misdiagnosed and has suffered injury, speak to us today for advice – our medical negligence experts will support you through the process and help you get the answers you deserve.
Why Choose Patient Claim Line for your Child Misdiagnosis Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Child Misdiagnosis Claims
Our expert legal team answer your questions about making a Child Misdiagnosis Claim
It may be possible for you make a claim on behalf of your child if they have been misdiagnosed. We explain everything you need to know in our guide to making a claim for someone else.
As experts in medical negligence, we secure approval from court before settling claims which involve children. This means that a Judge approves the compensation amount the child receives, without the need of the defending party admitting liability.
Once approved, compensation is placed in a Special Investment Account which the child can access when they become 18. The court, however, may release some of the funds at the time of approval prior to the child turning 18 if there are reasons to do so, such as educational or medical needs.
In cases involving anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.
Meet our Child Misdiagnosis Team
Associate, Head of Medical Negligence
As one of the heads of our medical negligence department, Tim supports our overall leadership by managing skilled solicitors across the business. He specialises in claims involving orthopaedic injury & loss of fertility.
Rebecca is an Associate Solicitor who specialises in representing clients and their families in catastrophic and life changing clinical negligence claims. The majority of her case load is claims valued in excess of £500,000.
After graduating in Law in 2008 from Keele University, Becky completed her LPC and became a fully qualified Solicitor last year, specialising in Medical Negligence.
Rebecca has developed her skills and strengths dealing with complex issues including cases with withdrawal of indemnity in private practice, vicarious liability and delegable duties in medical services provided by out-sourced companies for the NHS and dealing with the death of Defendants prior to and post issuing Court proceedings.
Rebecca deals with a range of cases including fatal claims, orthopaedic claims including amputations and drop foot, avoidable and delay in diagnosis of cancer and spinal injuries. She has a particular interest in gastrointestinal and hepatobiliary cases. Rebecca’s current case load includes avoidable strokes, delay in diagnosis of antero-vascular fistulas, Fatal Accident claims, birth injuries including Erb’s palsy, above the knee amputations and complex cancer cases.
Rebecca prides herself in building lasting relationships with her clients and being the voice of the seriously injured when they need her the most.
“Rebecca was absolutely amazing throughout the whole process. She dealt with the case with such empathy and understanding and I was kept up to date at all times. Thank you so much”
“I have to say that all of you were very professional and supportive during the long 6 years, with a special mention to Rebecca who was a rock at particularly difficult times”
Acting on behalf of a lady who suffered an avoidable amputation as a result of being prescribed a contraceptive pill which was contraindicated in her circumstances. Achieved settlement of £2.5million.
Acting on behalf of a gentleman who received an incurred diagnosis leading to progressive spinal cord compression. Achieved settlement of over £1.5million.
Acting for a lady who was given incurred post-surgical advice resulting in an amputation. Achieved settlement of £850,000.
Acting for a lady who required bowel resection following a failure to manage her abdominal condition. Achieved settlement of £500,000.
Acting for a Minor who lost her Mother due to substandard treatment. Achieved settlement of £450,000.
Acting on behalf of a lady who suffered an avoidable stroke leaving her with profound ongoing difficulties. Achieved settlement of £380,000.
Acting for a lady who suffered surgical error during a gall bladder removal. Achieved settlement of £300,000.
Acting for a gentleman who, due to surgical error, sustained significant knee injuries. Achieved settlement of £250,000.
Acting for a lady who developed an avoidable stroke as a result of incorrect advice and treatment. Achieved settlement of £200,000.
Acting for a gentleman whose ruptured bicep tendon was not identified and treated during the treatment window. Achieved settlement of £100,000.
Chartered Legal Executive
Daniel is an incredibly respected and knowledgeable Chartered Legal Executive with over 8 years’ experience, dealing with complex and catastrophic clinical negligence cases.
Daniel’s case load ranges from cases valued at over £100,000 to over £5,000,000.00.
Daniel’s special interest lies in dealing with cases such as brain injury, stroke, spinal cord injury and amputation. Daniel prides himself in excellent client care in order to make the litigation journey as easy for his clients as possible. Daniel likes to meet his clients at various stages of the case.
Notable Settled cases
NG v Taunton and Somerset NHS Foundation Trust £465,000 compensation settlement following death of 55 year old married female caused by admitted failures by the Defendant Trust to correctly interpret a biopsy in April 2015 as showing atypical glandular epithelium requiring further investigations. It was admitted that had the diagnosis of atypical epithelium cells suggestive of adenocarcinoma of the cervix was made in April 2015, the Deceased would have been referred for colposcopy and would have undergone a LLETZ or cone biopsy… the diagnosis would have been adenocarcinoma of the cervix (stage 1b1 tumour) She would have undergone a radical hysterectomy and would likely have avoided chemo-radiotherapy.
On the balance of probabilities, it was admitted that the delay in diagnosis led to the prognosis deteriorating. It was further admitted that if the diagnosis had been made in April 2015, the Deceased would have had a reduced risk of her terminal diagnosis.
RC v Barking v Havering and Redbridge University Hospitals NHS Trust £200,000 compensation following negligent treatment provided by his Consultant Vascular Surgeons. As a consequence of the Defendant’s alleged negligent treatment the Claimant has now suffered sacral pressure sores and bilateral above knee amputations.
“Brilliant service from the onset. Very dedicated, empathetic and realists. Highly recommend Fletchers to anyone who has suffered from any breach of duty and negligence.”
“I cannot fault any of the service I received from Fletchers and Daniel has been 2nd to none at every opportunity given to explain things in a more detailed term he has been totally understanding of my situation and I cannot thank him enough.”
“We are dealing with Daniel who is very professional, and very informative.”
“We would like to take this opportunity to thank each and everyone of Fletcher’s colleagues that worked on the case and for always having our best interests at heart, working endless nights, sitting endless meetings and just always being there for us at anytime.
Special thank you to both of you guys Iain and Daniel, we could not have done this without you both. The love, care and support you have given us over the last 6 years will never be forgotten, in fact I feel you are part of the family now!”
“On behalf of myself and my mother I would just like to thank you for your patience, competence and professionalism throughout the process. It wasn’t an area we where familiar with but you made the task easy to understand and manageable.
I don’t think we could have asked for a better legal team than yourself and the rest of the staff that helped with the case at fletchers.”
Jennifer is a Solicitor who specialises in Medical Negligence. Jennifer has worked in Medical Negligence across the North of England and joined the Manchester office in 2018. Jennifer has a recognition of the suffering that customers have already been through and the support that they may need through their claim and prides herself on giving the very best customer service. Jennifer works in team 14 and has a wide range of experience, particularly in delayed diagnosis of cancer claims, shoulder and eye injuries.
Outside of the office Jennifer is a Trustee of Warrington Youth Rowing, a charity which currently works with children receiving pupil premium in over 20 schools across Cheshire and Merseyside. The charity aims to help the participants to develop a wide range of life skills such as time keeping, team work and commitment as well as improving their self-confidence.
Highlights of recently settled cases
C v Betsi Cadwaladr University Health Board – 2020 – £90,000.00 for a 76 year old who suffered with a gastric ulcer which was not monitored. They lost the opportunity for an early diagnosis of gastric cancer which would have been curative and were only able to receive palliative chemotherapy. Their life expectancy was reduced by five years.
AO (deceased) v Royal Brompton and Harefield NHS Foundation Trust -2020 – £90,000.00 for a 77 year old who suffered a deterioration of their cardiac function when they were lost to cardiac follow up. Their deterioration during this time lead to their premature death in 2018.
H v United Lincolnshire Hospitals NHS Trust -2021 – £300,000.00 for a 62 year old who suffered negligent treatment leaving them with only 5% vision in their left eye which caused depression and their premature retirement from their job as a carer.
W v St George’s University Hospitals NHS Foundation Trust -2022 – £137,000.00 for a 47 year old for the poor management of their skin cancer which metastasised. Their life expectancy was estimated to be less than 12 months beyond settlement.
R v Betsi Cadwaladr University Health Board -2022 – £34,000.00 for a 84 year old who suffered subsidence of their total hip replacement and a grade 3 pressure sore which continued to cause pain at settlement. Causation was disputed
“Jennifer was Fantastic, she deserves a medal!
“From beginning to end if I ever needed to call her, she was there. Sometimes I called her and I got upset about losing my husband- she understood and was so lovely to me. I’ve already recommended Fletchers to my friends. Thank you so much”
“My agent Jennifer has been a godsend!! She has been the main person that I have had contact with, she has been reassuring, understanding and compassionate. She has answered all my questions and she asked me questions I didn’t even think of! I’ve been very happy with the service so far as my case is ongoing. Jennifer is a credit to your company, thank you”.
“Thank you for everything you have done. You have been nothing but outstanding and a credit to the practice! Thank you once again”.
“The level of communication has been excellent. I have been dealing with Jennifer Argent who has been phenomenal. I would highly recommend Fletchers”.
“Jennifer has been extremely patient with me. Despite the long and stressful nature of this case, she’s always there to keep me up-to-date and answer any questions I have. Outstanding”
“Jennifer has been lovely and amazing and explain everything in a way that was easy for me to understand”
“My case handler Jennifer Argent has been fantastic throughout, my case has not been simple and has ended up being quite drawn out but Jennifer worked diligently and got the best outcome.”
“Made me feel at ease at all times especially when listening to my story of what happened and always feel the best is being done. Thank you very much, would highly recommend
“Jennifer is a first class solicitor all round”
“Jennifer Argent was amazing, she really connected with how I felt, what happened and made me feel reassured all the way through. She kept me fully updated with where we were and what happens next. She did an amazing job and I will always ben thankful for all the help and work that was put in. I would definitely recommend should anyone need to consult in them and a massive thanks again to all involved”
"He's always there for us"
At the age of 2 we noticed our son Vincent had trouble with his hearing. We had this testing over a number of years and were repeatedly told there was nothing wrong.
Initially we thought this was a speech and language problem, this wasn't the case. It took 4 to 5 years of assessments, with the constant response that there was nothing wrong with his hearing. A different test was them carried on Vincent overnight where it was found he was profoundly deaf.
After years of frustration we were finally able to provide Vincent with the support he required and received an implant. This has enable Vincent to be able to hear. The support from our solicitors has enabled to to gain access to specialist which have supported Vincent in closing the gap in his speech he lost out on to his peers.