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The Supreme Court of the United Kingdom has delivered an important decision that will affect families bringing serious medical negligence claims on behalf of children.
In CCC v Sheffield Teaching Hospitals NHS Foundation Trust, the Court ruled that children whose life expectancy is shortened due to negligence can now claim compensation for the income they would likely have earned during the years of life they have lost.
This is a significant and welcome development for families affected by catastrophic birth injuries and other serious clinical errors.
The claim was brought against Sheffield Teaching Hospitals NHS Foundation Trust following admitted medical negligence at birth.
As a result of the negligence:
• The child suffered severe brain injury.
• She requires lifelong, round-the-clock care.
• Her life expectancy has been significantly reduced to about 29 years.
Although substantial compensation had already been awarded for care, therapy, equipment and accommodation, the courts had previously refused to award damages for the “lost years” of her life.
When someone’s life expectancy is shortened because of negligence, the law allows them to claim for the income they would likely have earned in the future, pension contributions and other financial benefits linked to employment. These are known as “lost years” damages.
Until now, an old legal rule prevented children from claiming this type of loss. The reasoning was that children had not yet started earning, so their future income was considered too uncertain.
The Supreme Court has now said that this rule was wrong.
The Court decided that:
There is no fair reason to treat children differently from adults.
Courts can assess a child’s likely future career using evidence such as the educational prospects of the child, their family background and other statistical data, just as they already do when calculating other future losses.
Children who lose years of life due to negligence should be entitled to full and fair compensation.
This means that injured children can now recover damages for income they would probably have earned during the years they will not live.
This decision is particularly important in the following types of cases:
Birth injury cases
Severe brain injury claims
Cases involving reduced life expectancy
In these cases, compensation is designed to ensure the child is properly cared for throughout their life. But where life expectancy is shortened, there is also a genuine financial loss - the loss of the working years they would otherwise have had.
The Supreme Court has now confirmed that this loss should be recognised. Each case will depend on its individual facts and while these assessments involve careful analysis, the key point is clear: children are no longer excluded from this type of compensation simply because of their age.
We are pleased that the Supreme Court has made this decision as it brings the law into line with modern compensation principles. It is a decision that has been a long time in the making and was long overdue.
For families affected by catastrophic medical negligence, it may increase the overall value of a claim and ensure a more complete reflection of the harm caused.
If you would like advice about how this ruling may affect your child’s claim, our clinical negligence team would be happy to help.
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