Can bringing a claim against a hospital affect your child’s right to treatment?
If your child has suffered a brain injury due to medical negligence, deciding whether to bring a compensation claim can feel overwhelming. One of the biggest concerns many parents have is whether pursuing legal action against the hospital or healthcare provider could affect their child’s ongoing medical treatment.
This is a perfectly understandable worry, especially if your child still needs care from the very team that may have been responsible for their injury.
As a qualified and registered paediatric nurse, with nearly five years’ practical experience in paediatric intensive care, I want to reassure you.
I’ve cared for critically unwell children with cardiac, respiratory, or neurological conditions and can explain how this situation is handled in practice and how your child’s right to treatment is protected.
Your child’s right to medical care is absolute
The most important thing to know is your child’s right to receive medical care is not dependent on whether you bring a claim. The NHS has a duty to provide treatment to every patient, regardless of any legal action that may be ongoing.
Doctors, nurses, and other healthcare professionals are bound by strict professional standards to prioritise their patients’ needs. Even if you’re pursuing a claim, they must provide your child with the same high standard of care as any other patient.
How does the claims process work?
When you bring a clinical negligence claim, the legal process is separate from the medical care your child receives. Here’s how it works:
- The legal claim: We will gather evidence, including medical records, expert opinions, and details of the care provided. This evidence is used to build a case showing that negligence caused your child’s brain injury.
- Communication with the hospital: The claim is usually handled by the hospital’s legal team or, in the case of NHS hospitals, NHS Resolution. These organisations deal with legal matters and compensation claims; they are separate from the teams providing your child’s medical care.
- Continuing care: While the claim is ongoing, your child’s medical treatment continues as usual. The doctors and nurses treating your child are not involved in the legal process and, in fact, are highly unlikely to know about it. They remain focused entirely on your child’s health and wellbeing.
Will the hospital staff treat us differently?
It’s natural to worry that bringing a claim might create tension or affect how hospital staff interact with you. However, it’s important to remember that healthcare professionals are trained to put their patients’ needs first.
Most parents find their child’s care doesn’t change after bringing a claim. If you ever feel that your concerns about your child’s treatment aren’t being taken seriously, you can raise this through the NHS complaints process or discuss it with your solicitor.
Why bringing a claim is important
While pursuing legal action can feel daunting, it’s worth remembering why claims for compensation exist. They are not about blame or punishment but about securing the financial support your child needs to live the best possible life.
Compensation can help provide:
- Access to private medical treatment or therapies not available through the NHS.
- Specialist equipment, such as wheelchairs, communication devices, or home adaptations.
- Educational support, including one-to-one teaching or specialist school placements.
- Respite care and emotional support for you and your family.
The claim is about making sure your child has the resources they need, now and in the future.
How to approach this decision
It’s important to speak openly with us about your concerns. As experienced clinical negligence solicitors, we have helped many families in similar situations and can guide you through the process with care and understanding.
We can also help address any specific worries you have about your child’s continuing treatment or interactions with the healthcare team.
You’re not alone
I hope I’ve been able to reassure you that, while deciding to bring a claim is a big step, it won’t affect your child’s ongoing treatment. The legal process is there to help your family secure the support you need while protecting your child’s right to compassionate, professional care.
If you’d like to learn more about the claims process or have concerns about your child’s treatment, please don’t hesitate to reach out. We’re here to provide guidance, answer your questions, and support your family every step of the way.
