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Caring for a sick child is a heartbreaking and challenging experience. Any parent or guardian who has had to watch their child suffer will understand just how difficult it is. However, many can rest assured that their child is receiving a high standard of care and treatment that will ultimately help them recover from an injury or illness.

However, what can you do if you are concerned that those treating your child are not carrying out their job to the correct standard?

First of all, it is understandable that as a parent you may be too close to the situation to view it objectively. This is your child and you will find it hard to see anything as good enough or fast enough when it comes to treatment. It is a wise to engage another person, such as a friend, to discuss your concerns with. You should also discuss your concerns calmly with the medical staff treating your child. What you perceive as a low standard of care may be the correct treatment depending on your child's situation.

If, however, you find that you have genuine concerns over the standard of care you child received, to the point that you are considering a claim for negligence then you should discuss those concerns with a legal professional.

In order for a claim to be successful, the standard of care must have fallen below the professional standard in order for it to be considered negligent, it must also have caused your child harm. Harm could be a delayed recovery, or a physical or psychological injury.

BUT WHAT CAN YOU DO?

First of all, if your child is currently undergoing treatment then your main priority should be to make sure that your child gets the care it needs. Your first point of call should be the immediate medical staff treating your child, if this is hospital care then the treating doctors should be spoken to, if this does not resolve your concerns then the hospitals patient liaison team will be your next point of call. They will instruct you and assist you with resolving any concerns you may have.

If your child is receiving another type of care, as an outpatient, e.g.: physiotherapy then you should speak with the provider. If that does not resolve the issue then speak with your child's GP, ask them to refer for a second opinion and relay to them your concerns.

If your child is no longer receiving care, and you have concerns regarding care they received in the past, then discussing such with a legal professional will be the way forward. The legal professional can advise you regarding complaints directly to the source or bringing a potential claim.

BRINGING A CLAIM

If you are looking to bring a negligence claim to the Courts then you can either bring a claim on your child's behalf now, or your child can bring a claim themselves after they turn 18. They have until they turn 21 years old to bring the claim themselves.

If you decide to bring a claim now on your child's behalf, you will be acting for them as their litigation friend. If you would rather not do this yourself but would perhaps like another family member or friend to do this on behalf of your child, then that is also a possibility.

WHO CAN BE A LITIGATION FRIEND?

The court can appoint a variety of people to act as a litigation friends including: -

a parent or guardian

a family member or friend

a solicitor

a professional advocate, e.g. an Independent Mental Capacity Advocate (IMCA)

a Court of Protection deputy

APPLY TO THE COURT

To apply to be a Litigation friend you will need to fill out a certificate of suitability and make the application to the Court.

When the application is made the Court will check that you, or the person who is applying to be a litigation friend, is suitable. They will make sure that your interests don't conflict with your child's and that you can make decisions about the case in a fair and competent way

CONCLUSION

A sick child is a terrible thing and knowing that they are getting the right standard of care is important. Relaying your concerns to the treating doctors is the crucial first step. If this does not resolve your concerns then you should be contacting either your child's GP or a patient liaison service.

Brining a claim for negligence is not a straight forward process and should be discussed with a legal professional. If you choose to go ahead with a potential claim then you can either act now as a litigation friend or allow your child to bring the claim themselves when they turn 18 years old. They have until their 21st birthday to issue the claim at Court.

You feel your rights have been violated at work, you've done a thorough job researching your issue, and you think you have a good case to pursue against your employer. Now what? It can be hard to find a qualified and experienced attorney as there are few employment lawyers that work on behalf of employees compared to how many work for employers.

Five Steps To Make Sure That Your Claim Has The Greatest Chance Of Success

1. Have A Conversation With Your Employer

First, you should file your statement of complaint with the human resources department at your company. Filing with HR first can sometimes provide a temporary or even permanent solution to the issue. You may also want to speak with your boss to see if the issue can be resolved before moving forward with a formal complaint. Make sure to stay professional and polite and avoid personal attacks. Keep a written record of all conversations and try not to gossip with your co-workers about the situation. If a conversation occurs, follow up via email with a summary of that conversation.

2. Determine If Your Employer Is Bound By Federal Law

The Family Medical Leave Act, the Fair Labor Standards Act, and a few other federal laws govern employers that engage in interstate commerce. If you're not sure about your company, call the Wages and Hours Division of the Department of Labor, and they will tell you. They will also tell you if you need to file a state claim before proceeding with a federal claim as sometimes all state remedies must be exhausted before you can file at the federal level. Experienced employment lawyers can be particularly useful at this stage.

3. Gather Together All Required Information

When preparing to file your complaint, make sure you have gathered all of the required information. You will need your contact information as well as your employer's, and documentation that shows your position and pay. The court will look more favorably on written documents and evidence such as wage stubs, work transcripts, hiring and/or firing forms, and any relevant receipts. If you have any witness statements, employment lawyers will advise you to get these in writing.

4. File The Formal Complaint

When it's time to file with the appropriate government agency, you will generally start with the agency that governs your type of claim depending on if you are alleging discrimination, unfair hiring practices, workplace safety issues, etc. You will then be directed to your local office. An investigation will be conducted, and a determination made if your employer is liable. Based on that determination, a remedy may be issued such as an award for damages or an order for a change in the employer's work policies.

5. Follow The Progress Of The Complaint

If no violation is found, or you and your employer were not able to reach a settlement, then it is up to you to decide if you want to pursue private action. Interviewing employment lawyers at this point and having them review your case is likely your best solution.