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Claims brought on behalf of children

Bullet point icon Dedicated team of specialist solicitors

Bullet point icon Independently accredited by The Law Society, APIL and AvMA

Bullet point icon Over 100 years of combined legal experience

Bullet point icon Top Tier law firm for medical negligence work

Bullet point icon Clear understanding of medical negligence suffered by children

Bullet point icon Clear understanding of the additional requirements in children’s cases

Bringing claims on behalf of children

‘Pursuing every child injury compensation claim with understanding and empathy’

If your child needs medical treatment it can be a very worrying time. Although thankfully pediatric treatment tends to be of the highest standard, there are times when things can go wrong. If your child’s injury or health deteriorates due to negligence, we can help you bring forward a child injury claim.

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Injuries to children due to medical negligence are usually rare, but when they do occur can have devastating consequences. We deal with a wide range of cases, including delays in diagnosing conditions such as congenital dislocation/dysplasia of the hip (CDH) or childhood cancers.

Expert advice and support in your child’s case:

In the event of clinical negligence, you might be unsure of who to contact or what to do next. Thanks to our unrivalled experience, we know the steps you need to take in bringing a child injury compensation claim and can take care of everything for you.

  • Advising on your case
    Before embarking on any child injury claim, you want to be sure that it is worthwhile pursuing the case. We can advise you on your options before you take the first step.
  • Helping you act as a Litigation Friend
    As a parent, you may need to become your child’s Litigation Friend, representing their interests and giving instructions on their behalf. We can explain how it works and take you through the process step by step.
  • Aiming for compensation
    If your child has been disabled or injured through clinical negligence, you’ll want to make sure you can afford to care for them in the future. We can help you sue for damages with a child injury compensation claim. The court will have to approve any compensation, which can be held in an interest-bearing account until your child turns 18 either by the Court Funds Office, or sometimes privately invested, if approved by the Judge.


The professionalism of the team at Royds Withy King was invaluable during [my] long and complicated case. The long, complex documents were summarised by Paul which made it easy for me to understand … My family can’t thank you enough for the excellent service you provided us.
Mr TA, Royds Withy King Birth Injury Client


We pursue many cases relating to a failure to diagnose or appropriately treat a child with congenital dysplasia of the hip (CDH); these are complex cases often requiring the input of a number of different experts. We will carefully check whether all tests were properly carried out to assess the health of the baby’s hips and whether further ultra sound scanning was required due to the presence of particular risk factors. There is a limited opportunity to treat CDH without the need for surgery; unfortunately a late diagnosis can have catastrophic effects, leading to avascular necrosis and the need for repeated hip replacements. This is just one example of the type of complex cases we investigate.


Sadly there are far too many cases concerning a failure to diagnose sepsis in children. Undiagnosed sepsis can have catastrophic life-threatening consequences, including the development of widespread septicaemia and meningitis. It is imperative that such infections are diagnosed and treated early to avoid permanent injuries.


Thankfully childhood cancers are rare, but this can often make them more difficult to diagnose and often clinicians discount the possibility of cancer in a child or fail to be alert the symptoms. Common areas of negligence lie with the General Practitioner who fails to refer a child for further investigations when parents are concerned about presenting symptoms, such as pain or lethargy.


Intussusception is a condition where part of the bowel effectively folds in on itself causing a serious blockage. If not treated this blockage can lead to swelling and bleeding of the bowl and the affected area can become necrotic. Untreated it can lead to a child becoming very seriously ill with generalised septicaemia and risk of brain damage. We pursue cases where there has been a delay or failure to diagnose the condition.


These are simply a few examples of the types of cases we handle at Withy King; we have a wide breadth of experience in acting for children and are happy to assist with any concerns you may have about the standard of medical care provided to your child.

If you are considering a claim on behalf of your child you will be asked to act as their “litigation friend”. This is where a responsible adult acts in a legal action on behalf of a child, assuming the responsibilities in the case to give instructions in the best interest of the child. The Court will assume that any person under 18 years of age requires a litigation friend to act on their behalf.

The entitlement to public funding (legal aid) for children is now significantly restricted due to government changes. Legal Aid is now only available to children who have suffered a neurological injury before or during the first 6 weeks of life; this therefore restricts funding to children who have suffered a brain injury (usually cerebral palsy) relating to their birth or neonatal care, this includes Erb’s palsy cases.


If legal aid is not available to your child then we can look at other forms of funding including a “no win no fee” agreement. We will also advise you to check all insurance policies held as many people carry legal expenses insurance without realising they have it.

Contact us now to find out how we can help you make a child injury claim