Until recently, children were only entitled to claim damages for loss of earning for the years they are expected to live. However, in a recent case involving a child who suffered brain damage due to NHS negligence, the Supreme Court ruled damages should account for the girl’s entire working life had she not been born with the impairment she suffered.
The child was born in 2015 at Sheffield Teaching Hospital NHS Foundation Trust. During labour, it was noted that her heartbeat was abnormal but no action was taken. As a result, she was born with signs of oxygen deprivation and required resuscitation. Later scans confirmed she suffered from severe hypoxic brain injury.
The child now has severe cerebral palsy, is unable to walk or talk, has severe visual impairment and epilepsy, and requires continuous 24-hour care. The compensation awarded in High Court was to cover the costs of her care needs and loss of earnings up to the age of 29 years old, her life expectancy. The Supreme Court’s verdict by a majority ruled that damages should take into account her entire loss of earnings and pension for a full working benefit.
This is a significant ruling by the Supreme Court as it places vulnerable children on equal footing as other claimants of medical negligence. The Court further stated that there was “no basis in law” for children who suffered life-shortening injuries, to have their claim treated differently.
Worthingtons have a team of solicitors with extensive experience in handling medical negligence cases involving all aspects of medical care. If your child have suffered any injuries as a result of a medical negligence, we will gladly provide advice and work to ensure you receive any compensation your child is entitled to. Contact Claire McDaid at our Belfast office on (028 9043 4015) or Sarah Elliott at our Newtownards office on (028 9181 1538) for advice and guidance on this process.
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