The UK Supreme Court has ruled that children injured by medical negligence can claim damages for lifetime lost earnings, not just up to their life expectancy.
This decision may lead to significantly higher damages being awarded, with potential large cost implications for the NHS, which currently has clinical negligence liabilities of £60bn.
A case involving a child born in 2015 at Sheffield Teaching Hospitals NHS Foundation Trust led to this ruling, after the Trust admitted failures in her care during labour.
Background of the Case
The child, who is not being named, sustained a brain injury at birth due to oxygen deprivation and now has severe cerebral palsy, is unable to walk or talk, and requires continuous care.
In 2023, the High Court awarded a lump sum of £6,866,615 and an annual payment of £394,940, linked to inflation, to cover her care needs and loss of earnings up to the age of 29.
Supreme Court Verdict
Wednesday's Supreme Court verdict ruled that compensation should take into account her entire loss of earnings and pension for a full working life, as agreed by the Trust and the family's lawyers.
The girl's mother stated that she felt "elated that my little girl has changed the law and that this will help lots of other children who have been injured through no fault of their own".
Reaction and Implications
Sir Geoffrey Clifton-Brown, Conservative MP and chair of the Public Accounts Committee, said the NHS must do more to resolve cases through mediation and learn lessons to reduce instances of clinical negligence.
Around 250 cases of brain injuries in childbirth are reported to the NHS in England annually, according to data from the University of Bristol's Children of the 90s study.
