Medication Errors In Paediatrics – Could I Make A Compensation Claim?

This guide will explain how to claim compensation if medication errors in paediatrics have caused your child harm. In some cases, you may be able to make a claim on their behalf. We will explore the process of doing so in more detail throughout this guide.

medication errors in paediatrics

A guide on medication errors in paediatrics

Additionally, this guide will address the duty of care medical professionals owe and the steps that could be taken should they fail to uphold their duty.

Furthermore, we will explore what a medication error is and examples of how they could occur.

Please call Medical Negligence Assist to speak to an advisor for more information. They may be able to assign a solicitor from our panel to handle your case on a No Win No Fee basis. To get in touch, you can:

Select A Section

  1. What Are Medication Errors In Paediatrics?
  2. Why Do Paediatric Medication Errors Happen?
  3. Does The NHS Have A Duty Of Care?
  4. Who Could Claim Following Medication Errors In Paediatrics?
  5. What Could You Claim For Medication Errors In Paediatrics?
  6. What Are No Win No Fee Agreements?

What Are Medication Errors In Paediatrics?

Medication errors in paediatrics can involve an error that has been made in the process of prescribing, preparing, dispensing, administering or monitoring medication. It can also involve an error that has been made when providing advice on medication.

Paediatricians manage medical conditions affecting infants, children and young people. As a medically trained professional, they must provide care that meets the correct standard. If they fail to do so, and harm is caused to their patient, this is known as medical negligence. As such, a claim could be made if medical negligence has caused harm.

For more information, get in touch on the number above.

Why Do Paediatric Medication Errors Happen?

There are various ways medication errors in paediatrics can occur. For example:

  • The patient receives the wrong medication.
  • The patient receives the wrong dosage of medication.
  • A patient is given medication that causes a drug allergic reaction.
  • The medication causes an adverse drug interaction with medication the patient is already taking.
  • A doctor gives the child’s parents or guardians the medical advice on how the child should take the medication.

There are various medically trained professionals who could fail to provide the correct standard of care, causing a child to sustain harm. This can include nurses, doctors and anesthetists.

Does The NHS Have A Duty Of Care?

All medically trained practitioners have a duty of care. This extends to practitioners who work for private healthcare companies and the NHS. The duty of care means that they should provide patients with a minimum standard of care, as their profession requires. If they breach this duty of care and cause you harm as a result, it may be possible to make a medical negligence claim.

To make a clinical negligence claim on behalf of your child, you will need to provide proof of medical negligence. This can include medical records, such as reports from the hospital or doctor. Additionally, an independent medical assessment may be arranged to assess the full extent of the harm your child has sustained.

Furthermore, you should be aware of the medical negligence time limit to start a claim. The time limit is generally three years from the date of the incident or the date the harm sustained was connected with negligence. However, for children under the age of 18, there are exceptions. We will explore this further in the section below.

For more information on the duty of care owed by a medical professional, get in touch with our team.

Who Could Claim Following Medication Errors In Paediatrics?

If a child is harmed because of medication errors in paediatrics caused by medical negligence, they might be entitled to compensation.

Children under the age of 18 cannot make a medical negligence compensation claim themselves. However, an application can be made to the courts to act as a litigation friend and claim compensation on the child’s behalf. If the claim succeeds, the compensation the child receives will be held in a Court Funds Office account.

Alternatively, a child can start their own claim after their 18th birthday if a claim hasn’t already been made on their behalf before this point.

As mentioned, there are exceptions to the general three year time limit for starting a claim. For children under the age of 18, the time limit is frozen. During this time, someone can apply to make a claim on their behalf. However, if this is not done, the child will have three years from the date of their 18th birthday to start their own claim.

What Could You Claim For Medication Errors In Paediatrics?

When making a claim following medication errors in paediatrics, you could receive up to two heads of claim within your settlement. These are known as:

  • General damages: This head of claim provides compensation for the pain, suffering and loss of amenity caused by the harm sustained due to medical negligence.
  • Special damages: This head of claim provides compensation for the  financial losses caused by the harm experienced. This can include medical expenses and loss of earnings. To claim special damages, you must provide evidence of the expenses, such as receipts or medical bills.

The 16th edition of the Judicial College Guidelines was used to create the table below. The guidelines list possible types of harm alongside compensation brackets. They are often used by solicitors to help them value the general damages head of claim. However, as other resources are also considered, such as medical evidence, you should only use the figures as a guide.

InjurySeverity And Estimated DamagesNotes
Brain Damage(C) Moderate (i) £150,110 to £219,070The injury could lead to intellectual deficit of a moderate to severe nature and sensory impairment. There may also be other issues.
Brain Damage(C) Moderate (iii) £43,060 to £90,720Cases in this bracket involve the person's memory and concentration being affected as well as there ability to work. There may also be other issues.
Kidney(A) £169,400 to £210,400Where a kidney has been lost or both kidneys are permanently and seriously damaged.
Kidney(B) Up to £63,980In the future the person could have significant risk of getting infections or losing natural kidney function.
Kidney(C) £30,770 to £44,880One kidney is lost whilst the other is unaffected.
Bowels(B) Up to £150,110 A colostomy will be required due to the loss of natural bowel function.
Bladder(B) Up to £140,660Loss of natural control and function.
Male Reproductive System (D) £56,080 to £71,350
A case of sterility that's uncomplicated. There is no impotence or any other aggravating features affecting a young person without any children.
Spleen(A) £20,800 to £26,290
The spleen is lost and there is an ongoing risk of infection and disorders caused by a damaged immune system.
Female Reproductive System(G) In the region of
£10,200
Where sterilisation has failed causing an unwanted pregnancy. However, there is no serious psychological impact.

For more information on how much you could receive in compensation, you can call our helpline, and an advisor from our team can value your claim accurately.

What Are No Win No Fee Agreements?

When making a claim for medication errors in paediatrics, you may find it beneficial to work with a solicitor from our panel. They can offer their services under a No Win No Fee agreement. There are different types of these agreements, such as a Conditional Fee Agreement (CFA).

Under a CFA, generally, you will not be required to pay for the services your solicitor provides if your claim fails. If you claim is a success, your solicitor can take a success fee from your compensation. The fee they take is subject to a legal cap.

For more information on whether you could make a claim on behalf of your child, get in touch by:

Related Compensation Claims For Medical Negligence

Thank you for taking the time to read our medication errors in paediatrics guide. If you have any other questions, get in touch with our team using the number at the top of the page.

Writer Hana Clarke

Editor Meg Miller