Paediatric medical negligence & malpractice compensation claims

Who are paediatricians and what do they do? 

Paediatricians are medical doctors who deal with conditions that affect infants, children and young people. They train for a minimum of 8 years to diagnose and treat a large range of childhood issues, from chronic diseases to genetic disorders. A child is usually sent to a paediatrician when their GP wants a specialist opinion about their health, growth or development. 

A paediatrician can choose to specialise in a variety of medical fields, including child mental health, paediatric emergency medicine, palliative medicine, and neonatal intensive care. They may be based in a hospital as a general paediatrician, or they may be based in the community and taking care of children with a physical disability or behavioural issues. 

However, paediatric medical mistakes may be made by someone who isn't a paediatrician. A claim could be raised for negligent treatment provided by a general practitioner, nurse, paediatric surgeon, or even against someone who cares for your child's mental wellbeing.

What might constitute negligence or malpractice by a paediatrician? 

Paediatric negligence involves a breach of the duty of care owed to a patient by a medical professional. Failure to provide care in accordance with accepted medical standards can happen in a variety of different ways. Typical paediatric medical malpractice cases include: 

• Failing to correctly diagnose a medical condition leading to unnecessary or prolonged suffering. 
• Child surgery negligence, such as performing the wrong operation or causing an infection due to poor hygiene practices. 
• Prescribing the wrong medication or an incorrect medication dosage, leading to serious consequences such as an allergic reaction. 
• Causing injuries to a mother and her baby during pregnancy, labour or after the birth. 
• Failing to advise you of the potential risks associated with a procedure or letting you know about available alternatives.  

It's important to know that your child has the same rights as an adult when it comes to receiving adequate medical care. If these rights haven't been upheld, you may be entitled to claim paediatric negligence compensation. 

What's the difference between a general medical malpractice case and a paediatric malpractice case?  

The difference between a general medical malpractice case and paediatric malpractice case is that someone else would have to make a claim on behalf of the child until they turn 18. When a child turns 18, they can make a claim as an adult, but only until they reach their 21st birthday. This is because negligence claims have a time limit of three years for adults. 

In some cases, the child might not have even been born when they were affected by medical negligence. In its 2020/21 Annual Report, official figures show that obstetrics (medicine and surgery relating to childbirth and midwifery) accounted for 11% of all clinical negligence claims reported.  

What are the different types of paediatric medical negligence? 

There are many different types of paediatric medical negligence. Although this isn't a comprehensive list, typical claims of this kind can include:

Birth Injuries

Welcoming a new baby into the world should be one of the happiest times in your life, but this isn't always the case when a medical mistake is made. The results of a medical mistake can be life-altering, or sadly even fatal in some cases.

Medical mistakes made before, during or after childbirth can include injuries to both the mother and baby. The sort of birth injuries that might affect a baby can include cerebral palsy, brain injuries, fractures or cuts or even muscular injuries such as Erb's palsy or brachial plexus.

There are several clinical errors that could lead to a birth injury and trauma. A baby might suffer a birth injury following oxygen deprivation, or both mother and baby might suffer due to incorrect medication being prescribed. In the worst possible cases, birth injuries can sadly lead to stillbirth or death. 

Erb's Palsy 

Erb's Palsy is a nerve condition that causes weakness or loss of muscle function in a baby's shoulder and arm. It's a common birth injury that happens during a difficult delivery or even during a caesarean. It happens when a baby's head is moved to the side to make room for their shoulders. In paediatric medical malpractice cases where there is birth trauma, the nerves stretch and become damaged.  

The condition varies widely from infant to infant, which means that there are a variety of symptoms. A baby might experience numbness in their arm, muscular atrophy, or they could even be unable to move their hand, arm or shoulder. 

Erb's palsy only effects 3 - 4 in every 1000 babies, but in most cases the condition arises as a direct consequence of medical negligence. Symptoms could be local, affecting only the shoulder area, or there could be permanent damage to the entire arm or even both limbs. 

Delayed or Missed Diagnosis

A delayed diagnosis happens when a doctor or healthcare provider fails to recognise a condition during an initial consultation. Often, this results in a condition becoming worse and may even lead to further injury, deterioration and even psychological distress. 

In these cases, your child's doctor or medical professional has a duty to listen to your concerns, conduct a thorough exam, review medical history and run the appropriate tests to rule out potential diagnoses. Failure to do so would be classified as medical negligence. Some of the most common misdiagnosed symptoms that lead to a medical misdiagnosis in children are: 

• Vomiting
• Diarrhoea 
• Headache
• Fever
• Coughing
• Breathing problems
• Skin rashes
• Muscle or joint aches

A delayed or misdiagnosis can be devastating for the family of a child, who may have done all the right things in seeking diagnosis and treatment. If you think your child suffered because of a delayed or missed diagnosis, talk to us on .

Missed Breaks or Fractures

Suffering from a bone break or fracture can be painful and traumatic for a child. Unfortunately, it's very common for these sorts of paediatric injuries to be missed by paediatricians. Medical negligence of this sort means that there has been a failure to diagnose a fracture or bone break during an initial examination with a patient. This could lead to unnecessary suffering, long-term damage and may even require reconstructive surgery in the future. 

Common examples of missed fractures in children could include an x-ray being carried out incorrectly, a fracture diagnosed as a sprain, or a doctor who fails to recognise your child's injury as a fracture. Whatever the reason may be, if a doctor or hospital misses a broken or fractured bone in your child, it could cause problems for them later in life. If you suspect that your child's fracture or break has been misdiagnosed, remember that your child has the right to make a claim for compensation. 

Incorrect Treatment or Medication Errors

A medication error or incorrect treatment occurs when a medical professional diagnoses a condition correctly but fails to give the proper treatment. Unfortunately, an error of this sort would not only delay proper treatment for your child's condition, but it may also make the situation worse. It can have psychological as well as physical effects and in severe cases, it could even be fatal. 

An error with medication is one of the most preventable causes of patient harm, and yet over 200 million medication errors take place in the UK every year. Negligence such as this can occur at any stage of the clinical process and may include an error when prescribing a drug or an error when entering information into a computer system.

Surgical Errors

Child surgery negligence can be a stressful experience for any patient, but when that patient is a child, it can be even more traumatic for both the child and family. You may already be frightened that something could go wrong, but the last thing you might expect is for your child's paediatric surgeon to make an error during surgery. 

Scientific advances and new safety measures mean that surgeries are safer now than they ever were before. However, surgery will always involve certain risks that a medical professional must do their best to avoid. If you suspect that your child's surgeon made an error, it's likely that we can help. You can speak to us for free on or request a call back at a time that is more suitable for you, to find out whether you could make a claim. 

How common is paediatric malpractice? 

Unfortunately, paediatric malpractice is more common than many people realise. Paediatric negligence accounted for 6% of all clinical negligence claims in a 2021 annual report by the NHS, and the total amount awarded for the whole of the UK came to a staggering £7,113.8 million. 

It's important that the medical professional who is treating your child follows the proper regulations, such as those set out in the NHS constitution. If they don't follow these guidelines, they have failed in their duty to uphold proper care and standards, and the results could be tragic for families all over the UK. 

What are the most common missed diagnoses in paediatrics? 

The reality is that avoidable paediatric medical mistakes happen all the time, with the most common paediatric injuries ranging from missed or delayed diagnosis to birth injuries. One of the most common misdiagnoses in children is asthma, but conditions such as autism and dyspraxia are also commonly misdiagnosed. 

Errors of this sort should never happen, but when they do, it's important to remember that you're not alone. If you're not ready to call us yet, you can still see if you're eligible to make a no win no fee claim by using our claims checker. 

Can I claim paediatric negligence compensation on behalf of my child? 

Entrusting your child to the care of a stranger, even a medical professional, can be a daunting experience. Sometimes mistakes can happen, and if they do, it could be the result of neglect by a paediatric professional. If you are the parent of a child or guardian who has experienced child medical negligence, parents or guardians can pursue child medical negligence claims on their behalf up until their 18th birthday. 

In the most serious cases, where a child's mental capacity has suffered long term damage as a result of the incident, such as through a brain injury, there are usually no time limits for making child medical negligence claims. 

If they do lack the ability to manage their own finances, then the Court of Protection will appoint a deputy to do so. This is typically a close family member, friend or professional who will be responsible for making sure your child's money is handled properly. 

Is there a time limit for making a paediatric malpractice claim? 

Your child has the same rights as an adult, which means that they are entitled to make a claim for compensation if something goes wrong. The time limit for making a claim on behalf of a child is slightly different than making one as an adult. A paediatric claim may be made: 

• At any time before the child turns 18
• Within 3 years of their 18th birthday 

Someone can make a claim on behalf of a child at any point before they turn 18. If a claim hasn't been made before your child turns 18, they'll have until their 21st birthday to make a claim themselves. 

If they are currently under the age of 18, a parent or guardian must act on their behalf to make a claim. This person is referred to as a litigation friend. Anyone can be a litigation friend, and usually the role is taken on by family members who make legal decisions on behalf of children or vulnerable adults. See our child injury compensation page for more information on making a claim on your child's behalf.

What happens if the child affected is now an adult? 

If the child affected by medical negligence is now an adult, they still have the right to make a claim. They would be considered an adult when they turn 18 and would no longer need the help of a litigation friend to make a claim for compensation. They can make a claim for a medical mistake made during childhood within 3 years of their 18th birthday. 

To find out more about how we can help you, call us on to discuss your experience confidentially and compassionately. 

How much could a paediatric medical negligence compensation claim be worth?

If you or your child has suffered due to child medical negligence, the mental and emotional consequences can be overwhelming. 

Although a compensation claim wouldn't be able to take back your experience, it may help support your family in different ways. We have seen how a compensation claim can help families rebuild their lives and move forward from a traumatic event. While no amount of money can take back the pain you and your child may have suffered, we've seen it make a difference to a child's treatment, recovery and future.  

Compensation for a paediatric medical mistake may help with:   

• Loss of earnings if you need to take time off work 
• Future care and home adaptations Subsidised education or therapy 
• Future costs of long-term care
• Rehabilitation or ongoing treatment costs   
• Special activities, breaks or trips away 

It's common for many parents and guardians to feel apprehensive about making a claim for paediatric malpractice. The aftermath of medical negligence for a child can often leave people feeling angry and alone. At National Accident Helpline, we know how traumatic a paediatric medical mistake can be. Our experienced advisors are here to listen and support you every step of the way.

How long could the claim take? 

Without knowing the exact details of your paediatric medical negligence case, it's difficult to determine how long your claim might take. The average claim could take upwards of 18 months or 18-24 months to resolve, but complex cases may take even longer. Although it can be tough to be patient in situations like this, it's important to remember that your claim is in good hands. Your case will be properly investigated by experienced professionals who will work hard to get you the best possible outcome, however long it might take.

Will my child and I need to go to court? 

Medical negligence for a child can be incredibly traumatic. As a parent, the last thing you want is for your child to go through frightening court proceedings. Thankfully, most child medical negligence claims are settled out of court, even where court proceedings have been commenced. 

There are usually a lot of opportunities to settle your medical claim outside of court, and The Court encourages early settlement in most cases. In the unlikely event that your child's claim goes to court, a ‘litigation friend' may represent them.

Can I make a no win no fee paediatric negligence claim?

A medical negligence claim with National Accident Helpline is handled on a no win, no fee basis, which means that you only need to pay us if your claim is successful. If you win your no win no fee claim, the following deductions are usually made by your specially appointed paediatric malpractice solicitor: 

• A ‘success fee' for winning the claim 
• Any shortfalls from your legal costs that the other side may not pay
• The cost of the premium for any legal protection insurance you might have needed 

You will keep the rest, and this will always be the majority of the compensation awarded to you. 

What should I look for from a paediatric malpractice solicitor?

A specialist medical negligence solicitor can deal with all the legal proceedings regarding medical treatments. They play a huge role in your paediatric medical negligence claim and can assess whether they think a claim may be successful in court. 

A paediatric malpractice solicitor will: 

• Make sure all medical records and evidence is organised and presented correctly 
• Calculate an amount that you could receive 
• Work on your behalf to get the maximum amount possible

We monitor the standards of our paediatric malpractice solicitors to make sure you're getting the best possible expertise for your claim. Our qualified solicitors will stay in touch with you and keep you updated on any progress, so you never have to worry about missing any information about your case.