The UK Supreme Court has made a significant ruling that will impact the amount of damages awarded to children injured by medical negligence.
According to a report by the BBC, the court ruled that children who suffer injuries due to medical negligence are entitled to compensation for lost earnings over their entire working life, not just until their expected life expectancy.
This decision was made in the case of a child born in 2015 at Sheffield Teaching Hospitals NHS Foundation Trust, who sustained a brain injury at birth due to failures in her care.
Background of the Case
The child, who remains unnamed, was born with signs of oxygen deprivation and later scans confirmed a severe hypoxic brain injury, resulting in severe cerebral palsy, visual impairment, and epilepsy.
The Trust admitted failures in her care, and in 2023, the High Court awarded a lump sum of £6,866,615 and an additional payment of £394,940 per year, linked to inflation, to cover the cost of her care needs and loss of earnings up to the age of 29.
Supreme Court Verdict
The Supreme Court verdict, by a majority, has ruled that compensation should take into account her entire loss of earnings and pension for a full working life, with the additional damages to be decided on at a later date.
Lawyers for the family claim the additional damages amount to more than £800,000, and the ruling brings the law in cases involving children into line with adolescents and adults who have suffered life-shortening injuries.
