Can I make a claim if my child was affected by A&E negligence?
Written by Rebecca Brisley | Medical Negligence Team | 15 August 2024
As a parent, seeing your child suffer due to medical negligence in A&E can be very distressing. If your child has been affected by negligent care in hospital, you may have the right to make a claim on their behalf.
Understanding A&E Negligence
This kind of negligence occurs when the care provided in an emergency department falls below the acceptable standard, which leads to further harm or injury. This can be particularly concerning for children due to their vulnerability and the potential long-term impacts on their health and development. Common examples of negligence include misdiagnosis, delayed treatment, medication errors and inadequate monitoring.
What are the common types of A&E Negligence that affect children?
Some of the common scenarios where A&E negligence might affect children include:
Misdiagnosis or Delayed Diagnosis: conditions, for example appendicitis, fractures, or infections, being misdiagnosed or diagnosed late
Medication Errors: administering the wrong dosage or incorrect medication
Delayed Treatment: delays in treating injuries or illnesses, resulting in worsening conditions
Inadequate Monitoring: failing to monitor the child’s condition, especially after a procedure or treatment
Who Can Make a Claim on Behalf of a child?
There are a number of people who can be appointed to act as a litigation friend. These include a parent or guardian, or other friend or family member.
What is the time limit for making a claim?
Parents or legal guardians can make a claim on behalf of the child at any time before they reach 18 years old. This means you can start the claim process as soon as you become aware of the negligence and its impact on your child's health.
Once the child turns eighteen, they have three years to make a claim themself. This starts from their 18th birthday until their 21st birthday.
Dealing with a medical negligence claim can be difficult, particularly when it involves a child. It is important to seek legal advice from an experienced solicitor to help you understand your rights, gather the necessary evidence, and ensure that the claim is handled effectively to achieve the best possible outcome.
To discuss your circumstances directly with our team, you can get in touch with them by calling 01752 827085 or emailing enquiries@nash.co.uk.
