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Children injured by NHS can claim damages for lifetime of lost earnings, court rules

Children injured by NHS can claim damages for lifetime of lost earnings, court rules

Summary

A recent Supreme Court ruling in the UK allows children injured by medical negligence in the NHS to claim compensation for lost earnings for their entire working life. This decision comes from a case involving a child born with a brain injury due to medical errors. The ruling may lead to significantly higher compensation costs for the NHS.

Key Facts

  • The Supreme Court decided that injured children can claim damages for lost earnings throughout their entire working life.
  • The case involved a child born in 2015 at Sheffield Teaching Hospitals NHS Foundation Trust with a brain injury.
  • The injury was due to failure to act on abnormal heartbeat monitoring during labor.
  • The child has severe cerebral palsy and requires 24-hour care.
  • The NHS trust admitted failures in her care.
  • Previously, damages covered loss of earnings only up to the child's life expectancy.
  • The child's initial compensation included a lump sum and yearly payments to cover care needs.
  • The new ruling aligns the compensation for children with that of adolescents and adults with similar injuries.
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