What to do about Misdiagnosis of Psychiatric Disorders

Can misdiagnosis of psychiatric disorders compensation be claimed on behalf of a child? What do I need to do to initiate a misdiagnosis of psychiatric disorders compensation claim?

Misdiagnosis of psychiatric disorders compensation claims, as with any personal injury claim in the UK, cannot be filed by children until they reach their eighteenth birthday. Under UK claims law, a legal minor can neither make a claim for compensation nor instruct a solicitor. The Statute of Limitations in the UK allows the child three years from the date of their eighteenth birthday to make a claim for misdiagnosis of psychiatric disorders compensation, if the claim is filed by the victim. Provided that it is initiated before the child’s twenty first birthday, it will be within the legal time limit.

However, delaying such a claim is rarely wise. Medical negligence claims for misdiagnosis of psychiatric disorders compensation will need to be proven; however proving such claims so long after the medical negligence has occurred can be problematic. You are correct in wanting to initiate a claim for compensation on your child’s behalf promptly, and it is possible to do so under UK claims law.

A claim for misdiagnosis of psychiatric disorders compensation may be filed by a parent, legal guardian or other responsible adult acting as a ‘litigation friend’ for the child. The appointment of a litigation friend must be made by the UK courts upon application, and a medical negligence solicitor should be consulted to help you do this. Acceptance of a litigation friend is usually a straightforward process, provided that there is no conflict of interest and that all financial responsibility for the claim is undertaken by the litigation friend. This means that win or lose, any financial costs associated with the claim will be the responsibility of the litigation friend and not the child.

Any award of compensation for misdiagnosis of psychiatric disorders would only be made directly to the child, and not to the litigation friend. Misdiagnosis of psychiatric disorders compensation payments would be held by the UK courts until the child’s eighteenth birthday, upon which they would be released. If misdiagnosis of psychiatric disorders compensation is required to be released before this date – to pay for medical expenses, treatment costs, or for school costs – this is possible in most cases by petitioning the courts.

Although misdiagnosis of psychiatric disorders compensation settlements are possible before a case reaches the UK courts, it is wise to seek the assistance of a specialist medical negligence solicitor for advice, as the claim may require litigation. You should also determine all that is involved in a claim made as a litigation friend for a child before commencing the claim.