Children & the Disabled Medical Negligence Legal Advice

Children & the Disabled Medical Negligence Legal Advice

Advice about time limits for the vulnerable client

Advice about time limits for the vulnerable client

Our friendly team of specialist lawyers at Medical Solicitors have extensive experience of helping children and the disabled who have suffered from negligent medical treatment . Compensation can be claimed where care has fallen below a reasonable standard and so is considered to amount to actual Medical Negligence. 

Do contact our friendly team of specialist lawyers at Medical Solicitors. We conduct most of our Clinical and Medical Negligence claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements. So, you do not have to worry about how you are going to afford to bring a claim. You have nothing to lose in speaking to us.

Time limits for children and the disabled and also other vulnerable clients, or those who have been misled, can be very different to the normal 3-year rule.

If you live with a vulnerable loved one and worry that they may have left it too long to claim, speak to us anyway. You may well be surprised!

Claims for Children

  • If a child is disabled, time may never run out for a claim
  • Otherwise, time only starts to run at 18 years old. A 3-year period then applies, so court proceedings need to be issued by the 21st birthday (but may be longer for a child going into adulthood with a disability-see below).

Claims for Adults-the Disabled, the Depressed and the Misled

  • For adults generally there is a 3 year time limit, but this only starts to run when an adult should have been aware of their injury and of the identity of the person who had caused the injury, not necessarily from the date of the actual negligent medical care.
  • The 3-year time limit for claims does not apply to the mentally disabled, or physically disabled people who are not able to speak/communicate effectively. You may know someone who is disabled and who thinks that they have left it too late to pursue any potential claim. However, we have investigated various cases over 40 years old – there are specific circumstances in which the usual 3 year period may be extended
  • Being clinically depressed, or having other mental health issues may result in the court exercising its discretion to override the usual time limits.
  • If you have been misled, or could not have been aware of the cause, or severity of your injury, this may enable extension of the usual time limit. In addition, time may be sometimes be extended if a Claimant has only suffered a mild degree of injury, so does not bother to sue, but over time their condition becomes much worse.
  • Every case is judged on it’s own merits. Talk to us for free advice! Click here for our friendly team of Specialist Solicitors.

 

Past legal cases

  • Over £4 million for a man suffering cerebral palsy caused at birth in 1975. His mother did not start the claim until 1998
  • £720, 000 for an 11 year old after a series of operations in early childhood failed to correct childhood glaucoma and led to total blindness
  • £560,000 for a lady whose hip dislocation was not diagnosed until 2 ½ years old in the 1960s. Claim brought late in adulthood
  • £270,000 for a lady with a permanently disabled left arm caused at birth in 1984
  • £450,000 to a child delivered 2 months early by caesarean section because the hospital miscalculated the estimated date of delivery
  • £83,500 to a boy for 4-year delay in diagnosing autism
  • £35,000 to a child who suffered a notably deformed foot because of a poorly sited oxygen probe during his time on a special care baby unit

Useful Support Groups:

Support Groups for Parents with Disabled Children:
http://www.direct.gov.uk/en/CaringForSomeone/CaringForADisabledChild/DG_10026501

Disabled Living Foundation:
http://www.dlf.org.uk/

INTERNAL LINKS:

Follow our links below to quickly access our information pages about how we can help with: a complaint about care, funding a medical negligence claim and more:

Contact our Children & the Disabled Medical & Clinical Negligence Claims Solicitors

We provide urgent legal advice and support for patients anywhere in England & Wales. We have doctors and barristers located all over the UK, who provide us with meeting facilities, in London, Birmingham, Sheffield, Yorkshire, Oxford, Manchester, Leeds, Hull, Liverpool, Newcastle and beyond. Our team will travel to see clients. We think it best to see our clients in the comfort of their own home over a cup of tea. You are not a number to us. Call or email our friendly team free of charge for specialist legal advice on a no win no fee basis today.

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