Supreme Court Changes the Law on Compensation for Injured Children

Summary

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. • 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.

Key information

• The child suffered severe brain injury.
• She requires lifelong, round-the-clock care.
• Her life expectancy has been significantly reduced to about 29 years.
• 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.
• Severe brain injury claims
• Cases involving 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.
• 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.

Practical guidance

• Source: Supreme Court Changes the Law on Compensation for Injured Children

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