Seeking Answers and Support for Your Child
If you believe your child has suffered harm due to medical negligence, you may be feeling a mix of worry, frustration, and uncertainty about what to do next. As a parent or legal guardian, you have the right to bring a claim on your child’s behalf to seek answers, accountability, and support for their future needs. In this article, we’ll walk you through the key things to know—from who can make the claim, to time limits, court involvement, and how any compensation is handled with your child’s best interests in mind.
Who Can Bring the Claim on my Child’s Behalf?
Only an individual over the age of 18 who has been injured during the course of receiving negligent medical treatment can bring a medical negligence claim. However, if a minor under the age of 18 has suffered a medical related injury, their parent/legal guardian can bring a medical negligence claim on their behalf.
The person who brings the claim for the child is referred to as the Child’s “Next Friend”. This representative is typically a parent.
What is the Time Limit for Bringing a Claim on My Child’s Behalf?
There are very strict rules (known as the Statute of Limitations) which dictate the length of time you have to make a medical negligence claim.
Generally speaking, an adult has two years from the date of the negligent act to bring a medical negligence claim.
However, for minor children, the 2 year time limit does begin to run until the child’s 18th birthday, allowing them until the eve of their 20th birthday to initiate a claim.
However, as discussed above a claim can be brought by a parent/guardian of a child while the child is still under the age of 18. This may be advisable in circumstances where the child is injured and the compensation will provide much needed therapies and support to reduce the impact of his/her injuries. Further, the longer the time period between the date of injury and the commencement of proceedings, the harder it will be to produce key witnesses and obtain copies of relevant documentation. Therefore, if you are the guardian or parent of a child and you are concerned about suspected medical negligence involving your child, it is always best to seek advice from an experienced medical negligence solicitor as early as possible.
Will My Child Have to Appear in Court?
The vast majority of medical negligence claims are settled out of court through settlement or mediated negotiations. There are some instances where a case might proceed to Trial if agreement cannot be reached as regards liability and/or compensation. However, even if a case proceeds to Trial, your legal team will try to minimise the stress for the child and his/her family and more often than not there is no need for the child to appear or give evidence.
What Compensation Will Be Sought for My Child and How Is It Calculated?
Past and future damages will be sought on behalf of your child. Damages are subdivided into General and Special Damages.
General Damages are damages awarded for the child’s pain and suffering, their loss of amenity (how their day to day life has been affected by their injury and reduced life expectancy (if applicable). General Damages are calculated by reference to Court Guidelines and previous settlements involving injuries of a similar nature.
Special Damages are damages awarded to compensate you and your child for financial losses suffered to date and future financial losses because of your child’s injury. Examples of special damages include, travel expenses, medical expenses, therapy costs, costs of professional care and loss of earnings if your child’s ability to work has been impacted.
In some cases it may be necessary to instruct experts to quantify the financial loss your child has suffered and/or will suffer into the future.
The exact amount of special damages claimed will be determined by the severity and lasting impact of the medical negligence on your child’s life.
What Will Happen My Child’s Compensation?
Any settlement achieved on behalf of a child must be approved by the High Court. The benefit of this legal obligation is that the Judge approves the amount of compensation the injured child will receive.
Once a High Court Judge has approved the settlement, the compensation will be lodged in a Court Controlled Account until the child reaches the age of 18. Certain funds can be released earlier providing they are identified as being necessary and beneficial to the child’s condition. An example of a compelling reason to release funds prior to the child’s 18th birthday is to pay for special education or medical treatment.
What Happens When You Contact Me
Here’s what to expect if you decide to reach out:
- We’ll talk. I’ll listen to what happened and answer any questions you have — no pressure, no obligation.
- You’ll get clear advice. I’ll explain whether I believe you may have a case, and talk you through your options.
- I’ll investigate. If we decide to move forward, I’ll request your medical records and, where needed, seek opinions from independent experts.
- I’ll handle everything. If a claim is possible, I’ll manage the entire process personally — keeping things as simple and stress-free as possible.
What My Clients Say
I’m proud to have supported clients through some of the most difficult moments in their lives. Here are just a few of the kind words they’ve shared about their experience working with me:
Reassuring and understanding
"Laura was a pleasure to deal with. While so many in the industry can be cold and intimidating, Laura was so reassuring and understanding while being very open and honest and not at all misleading. She is also so knowledgeable and speaks in terms that all can understand she is very informative. Laura gives regular updates so there is no need to worry about being forgotten. Would highly recommend Laura."
Exceptional professionalism and outstanding communication
"We were incredibly impressed by their exceptional professionalism from the outset. Laura provided clear, well-structured advice at every stage of the process. Communication was outstanding — Laura was consistently responsive and ensured that we were fully informed throughout the case. This level of attentiveness gave us great confidence that the matter was being handled with the utmost care and diligence. Laura’s ability to balance empathy with rigorous legal expertise was truly commendable. I would have no hesitation in recommending Croke Medical Law."
I will be forever grateful
"I will be forever grateful to Laura for her guidance and support during such a difficult time. Her care and expertise made all the difference."
I felt guided and reassured throughout
"From the beginning, Laura was supportive, clear, and honest. I felt reassured and guided throughout, and I couldn’t recommend her highly enough."
Always available, always compassionate
"Laura made what felt like an overwhelming process so easy to understand. She was always available, always compassionate, and incredibly professional."
Supported and guided us
“Laura is the ultimate professional while also being kind and compassionate. Laura was so easy to deal with, kept us informed every step of the way and supported and guided us through a very difficult process. We will be forever grateful to her and would have absolutely no hesitation in recommending Laura to anyone that finds themselves in our unfortunate situation".
I’m also proud to have earned consistent 5-star reviews on Google from clients who value clear advice, compassion, and real results.
Not sure if you have a case? Let's talk.
If you’re unsure whether you have a case or just need some guidance, let’s have a quick chat. No pressure, no obligation — just clear, honest advice to help you understand your options.
You can reach me directly by phone, email, or simply fill out the contact form here. I’ll personally take the time to listen and point you in the right direction.
Email: laura@crokemedicallaw.com
Phone: +353 83 330 1674