Misdiagnosis in Children

When our children fall ill, we turn to healthcare professionals for their expertise in diagnosing and treating the illness effectively and quickly. Generally, they are successful in doing so.

Yet, it’s important to understand that diagnosing childhood illnesses can be challenging, as many share symptoms such as a high fever, reduced appetite and lethargy. Despite this complexity, there are instances where a misdiagnosis may occur, potentially resulting in serious outcomes for the child. 

A misdiagnosis might occur if a healthcare professional, such as a doctor or paramedic, fails to conduct an adequate examination, neglects to perform necessary tests (like an MRI scan), refers the child to the wrong specialist, or misinterprets test results.

There are various conditions that can be misdiagnosed or diagnosed late, adversely affecting the child’s health. These include illnesses like leukaemia or other cancers, bone fractures, sepsis, meningitis, head injuries, diabetes, appendicitis, or internal bleeding.

Medical professionals are legally required to provide a reasonable standard of care to patients. If this standard is breached and results in harm or worsening of the child’s condition, there could be a basis for a claim of clinical negligence.

For most medical negligence claims, there is a three-year limit to file a claim from the time of the negligent act or when the negligence was discovered. For children, this period doesn’t start until they turn 18, meaning they need to file the claim by the day before their 21st birthday.

Prompt action in such cases is advantageous as it helps keep the details fresh in everyone’s memory. A parent or guardian can act as a ‘litigation friend’ to file a claim on behalf of the child.

The compensation amount will depend on the severity of the injury and the time needed for recovery. It may include damages for pain and suffering, medical and rehabilitation costs, any reasonable out-of-pocket expenses due to the injury, and care and support costs.

Any awarded compensation to the child will be held in a trust until they reach 18. If necessary, such as in cases of severe injury requiring care and special equipment, you can apply to the court for early access to the funds to cover these costs.