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Child Misdiagnosis Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 4th January, 2024

We've got your Child Misdiagnosis Claim covered

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.

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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

  • Tim Moulton

    Associate, Head of Medical Negligence

  • Rebecca Kelly

    Associate Solicitor

  • Daniel Finney

    Chartered Legal Executive

  • Jennifer Argent


  • Case Study

    Vincent's Story

    "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.