Paediatric claims

We have considerable expertise in medical negligence claims involving children. From prescription errors leading to short term injuries, to failures to diagnose meningitis or head injuries leading to profound, lifelong and complex disability, we can assist you.

How to prove medical negligence

It is not enough for there to have been simple error or mistake. We must prove that there have been failures in your child’s care which no ordinarily competent doctor or nurse would have made if acting with ordinary skill and care. We must then prove that these failures caused the injuries suffered by your child.

How we investigate your claim

We will take full details of what happened, where it took place, and when.  We will then obtain your child’s medical records and instruct an appropriately qualified medical expert. This expert will then review your child’s medical records and prepare a report addressing the test for medical negligence. We have an excellent working relationship with medical professionals in a wide variety of disciplines to assist us.

There are legal rules about the timescale for making a legal claim. In terms of Scots law, the clock starts running from the date of the negligence taking place. If you are aged over 16 at the time of negligence, you have three years to raise a claim in court. The position involving injury to a child is different. A child generally has three years from their sixteenth birthday to commence a claim. The courts apply these time limits strictly but will make exceptions in some cases.

Funding your child's medical negligence claim

We offer a range of funding options, including Legal Aid in certain circumstances, which we can discuss with you.

Case study 1

A child suffered a bleed on the brain as a result of a simple bang on the head. She was taken to A&E but the extent of her injuries were not properly identified. Her condition deteriorated, leading to brain swelling and, as a result, permanent brain damage and life-changing injuries. We used our extensive knowledge and experience to obtain a high-value settlement and a Periodical Payment Agreement with the Health Board, which will ensure that she is looked after for the rest of her life. This case was funded by Legal Aid.

Case study 2

A child received a prescription for an antihistamine to lessen itching caused by chickenpox. The prescription was filled incorrectly by the pharmacist, leading to an anti-psychotic being dispensed in error. The child suffered from seizures and other distressing symptoms and required invasive and frightening tests in hospital before the true cause of the symptoms were identified. We obtained compensation for the child for the traumatic experience he suffered. This case was carried out on a no-win no-fee basis.

Call our medical negligence team directly on 0131 200 1358.

Let us help you

Contact us to find out what we can do to help