What if the claim relates to a child?
When children are hurt in medical accidents, the situation needs to be approached slightly differently. As a parent, you may feel responsible for not protecting your child and allowing them to be injured, but you need to realise that it is not your fault. If your child has suffered a medical injury, it is important to find out why, and to stop it from happening again.
Children can bring claims in their own right, and in situations like these, you as their parent will act as their representative or “Litigation Friend”. This means that you look after your child’s interests and instruct a solicitor on their behalf.
Unlike adults, most children will be eligible for Public Funding (previously called Legal Aid).
The Court of Protection will look after a child’s financial interests until they are old enough to manage their own affairs. If, because of their medical injury, this can never happen, the Court will continue to look after their financial interests for the rest of their lives.
The Court of Protection has a range of powers to ensure the best interests of the child are always met and it is always advisable to seek representation when dealing with this Court.
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