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A recent Supreme Court decision is expected to result in substantially larger compensation payments for children harmed by medical negligence. Previously, damages awarded to affected children only covered loss of earnings based on the years they were projected to live. However, in a landmark ruling concerning a child who suffered a brain injury during birth, the court determined that compensation should reflect the entire working life the child would have had if not injured.
This ruling has significant financial implications for the NHS, whose current clinical negligence liabilities amount to £60 billion, with maternity-related injuries accounting for two-thirds of these claims. The central figure in this case, a child born in 2015 under the care of Sheffield Teaching Hospitals NHS Foundation Trust, experienced abnormal fetal heartbeat signals during labor that were not acted upon. Following birth, she showed signs of oxygen deprivation, required resuscitation, and was later diagnosed with severe hypoxic brain injury. The Trust has admitted failures in her care.
The child now faces severe cerebral palsy, inability to walk or speak, profound visual impairment, epilepsy, and requires constant 24-hour care. In 2023, the High Court awarded a lump sum of approximately £6.87 million, plus an annual inflation-linked payment of nearly £395,000 to cover her care and lost earnings up to her life expectancy of 29 years. The Supreme Court’s recent decision overturned this approach, ruling that compensation should include the entire loss of earnings and pension benefits over a full working lifespan, rather than just until her estimated life expectancy.
Both the NHS Trust and the family’s legal representatives agreed that if the girl had not been injured, she would likely have lived a normal lifespan, completed her GCSEs, worked until age 68, and received a pension. The additional damage amount is expected to exceed £800,000 and will be determined in due course. Expressing relief and hope, the girl’s mother said she was “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.” The ruling now aligns the treatment of injured children with that of adolescents and adults suffering life-shortening injuries, eliminating previous legal distinctions.
Each year, about 250 brain injuries during childbirth are reported to the NHS in England. Sir Geoffrey Clifton-Brown, Conservative MP and chair of the Public Accounts Committee, emphasized the need for the NHS to resolve such disputes through mediation. He highlighted that many affected parties seek a straightforward explanation and apology, alongside proper handling via complaints procedures, rather than lengthy legal battles. Sir Geoffrey noted that court cases can prolong stress for families and generate high legal costs that could otherwise support patient care. Moreover, he urged the NHS to “seriously learn lessons” to prevent clinical negligence, which brings devastating consequences for children and their families
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