Children injured by NHS can claim damages for lifetime lost earnings, court rules
The decision from the Supreme Court, on the case of a child who sustained a brain injury at birth in 2015, could have significant cost implications for the NHS.
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Notable Quotes
"Very often... what people who have been wronged by the NHS want is a simple explanation and an apology, and their cases considered properly by the complaints procedure."
— Sir Geoffrey Clifton-Brown , Politician
"There were clearly aspects of the care which should have been done differently, and we are so very sorry that this happened."
— Jane McNicholas , Executive
"The analysis carried out by HSJ highlights the value of the disaggregated data to spotlight conditions where unwarranted variation disproportionately impacts women, babies and families from Black, Asian and other ethnic minority backgrounds."
— Nandi Simpson , Executive
Key People
CCC is a child who sustained a brain injury at birth due to medical negligence.
Jane McNicholas is the chief medical officer at the Sheffield Teaching Hospitals NHS Foundation Trust.
Lord Reed is a justice in the Supreme Court who delivered the ruling on CCC's appeal.
Mr Justice Ritchie is a High Court judge involved in ruling the damages case for CCC.
Nandi Simpson is the implementation director at the NHS Race and Health Observatory.
Chair of the Public Accounts Committee highlighting concerns over the insulation scheme.
Wes Streeting is the UK Health Secretary known for his focus on improving safety for cosmetic procedures.
Tags
All Coverage
The decision from the Supreme Court, on the case of a child who sustained a brain injury at birth in 2015, could have significant cost implications for the NHS.
The Supreme Court has ruled that children can receive damages for the years of their life that will be lost because of medical negligence, overturning a 1981 Court of Appeal judgment that stated children cannot receive such damages.
The Supreme Court has allowed the claimant’s appeal and overruled previous case law to permit child claimants whose life expectancy has been reduced by alleged negligence to recover damages for future loss of earnings (‘lost years’ claims).
The Supreme Court has ruled that children injured through NHS negligence can claim damages for the full working life they would likely have had, not just for earnings lost during their reduced life expectancy.
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, ruling 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.
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