Children, Paediatrics and Compensation

Legal Helpline: ☎ 1800 529 835

We can provide you with access to medical negligence lawyers with proven track-records in representing plaintiffs (patients) in paediatric negligence claims. If your child has been injured due to a medical error and you are seeking legal representation, the lawyers whom we refer to may be able to offer you a No Win No Pay agreement.

Paediatrician Negligence

The Consultant Paediatrician deals with illnesses and diseases in children. Consultant Paediatricians may have an area of special interest or sub-specialisation such as:

• Neonatology - dealing with diseases and illnesses in the first few weeks and months of life.

• Neurology – dealing with nervous system conditions such as cerebral palsy, epilepsy, brain injury, hypoxia.

• Endocrinology – dealing with hormone problems in children including diabetes, thyroid problems and growth problems.

• Development – dealing with learning disability and physical disability.

Paediatricians may treat acute illnesses such as meningitis or asthmatic attacks or  more chronic illnesses such as childhood diabetes or epilepsy.

The Consultant Paediatric Surgeon is a surgeon who deals primarily with operations in children. He/She will usually deal with surgical problems that arise in early childhood such as abdominal hernia, acute abdomen, appendicitis, intussusception. They may have a special interest in a particular area of paediatric surgery such as neonatal surgery, urology, cardiac surgery, thoracic surgery or neurosurgery. Negligence by Paediatric Surgeons usually relates to failure to diagnose a condition, or  poor outcome following the operation or procedure.

Children / Paediatric Compensation Claims

Examples of areas where there have been claims of paediatric negligence:

• Negligent management of a child with birth injuries;
• Improper resuscitation at birth;
• Brain damage following cardiac surgery;
• Complications from tonsillectomy and adenoidectomy;
• Undiagnosed seizure disorders (infantile spasms, epilepsy and pyridoxine deficiency);
• Improper treatment of leukaemia;
• Failure to diagnose or delay in diagnosis and treatment of meningitis;
• Negligent orthopaedic surgery interfering with bone growth;
• Negligent management of acute asthma.

Paediatric compensation claims are not just limited to negligence by a paediatrician. If your general practitioner, other specialist or hospital has provided negligent treatment to your child, and if this has resulted in 'damage', then your child may be eligible for compensation. The facts in each case vary, as do the laws in each State. The amount of compensation that may be awarded to your child will depend on many variables- the law in your State, the severity of your child's injuries, disabilities and the impact on your child's needs now and in the future.

A lawyer with experience in handling children's compensation claimsfor medical negligence will be able to advise you as to what is involved in establishing a case for negligence. If you do retain a solicitor, they will be able to gather the necessary evidence and advise you as to the likelihood of being able to get compensation for your child.

If you are concerned about the medical treatment that your child has received, contact us to receive obligation-free legal advice as to whether your child is eligible for compensation.

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