Claims brought on behalf of children

Dedicated team of specialist solicitors

Independently accredited by The Law Society, APIL and AvMA

Over 100 years of combined legal experience

Top Tier law firm for medical negligence work

Clear understanding of medical negligence suffered by children

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.



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.

Factsheet:


Our credentials

“A premier Somerset firm with experience of a broad range of high-value matters, including catastrophic birth injury claims. Routinely engaged on cerebral palsy cases and spinal injury claims, and offers expertise in weight loss surgery and dental negligence matters. Strengths (Quotes mainly from clients): “Withy King were caring and understood us. They listened to our concerns and needs, and helped in whichever way they could.” “They are incredibly organised, easy to approach and they have a very supportive team who are incredibly sympathetic.” Notable practitioners: Head of department Simon Elliman (Band 1) oversees an array of complex claims, including cerebral palsy and spinal injury matters. In addition he acts on dental negligence cases. Sources say: “He is very able and he inspires confidence through calmness.” Market observers consider Paul Rumley (Band 1) “a very approachable lawyer with vast experience on high-value and complex cases.” He handles a range of matters including birth injury claims, fatal accidents and delay in diagnosis of cancer claims.” Chambers 2017 Somerset

“Highly commended firm with an excellent reputation across a broad spectrum of clinical negligence matters. Routinely acts on catastrophic cases including brain and spinal injury claims. Also noted for its handling of matters arising from amputation, delayed diagnosis and weight loss surgery. Strengths (Quotes mainly from clients): “They’ve been amazing. They spoke to me on a level I understood. They are very understanding and compassionate and they advised me well the whole way through.” Notable practitioners: Head of department Richard Coleman (Band 1) offers vast experience of complex claims involving cerebral palsy, spinal injury and bariatric surgery, among other matters. “He is very good at negotiating settlements in difficult cases” and “doesn’t lose sight of the human aspect of it all,” assert sources.” Chambers 2017 Oxford and surrounds

“Royds Withy King is a ‘leading firm’ for catastrophic birth injury cases. Key figures include practice head Simon Elliman, who handles dental negligence, cerebral palsy and spinal injury claims; ‘first-rate solicitor’ Paul Rumley; and Kerstin Kubiak, who stands out for her ‘exceptional analysis’.” Legal 500 2016 South West 

“The ‘knowledgeable, dependable and competent’ team at Royds Withy King is led by ‘astute strategist’ Richard Coleman and includes Tracy Norris-Evans, who is ‘extremely knowledgeable and committed to her clients’.” Legal 500 2016 South East

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I found [Paul Rumley] very knowledgeable in medical matters and was always kept up to date with proceedings in plain language. I would certainly return to Mr Paul Rumley and his firm and would have no hesitation in recommending him to others
Mrs Margaret Rogers, Bristol

FAQs

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