A Landmark Decision in CCC v Sheffield Teaching Hospitals NHS Foundation Trust
We are delighted that the Supreme Court in the case of CCC-v- Sheffield Teaching Hospitals NHS Foundation Trust has confirmed that compensation for a child claimant’s “lost years” can be recovered as part of a clinical negligence claim. This judgment represents a significant development in the law and will have a meaningful impact on how compensation is assessed in cases involving children who have suffered life-changing injuries.
What Is a ‘Lost Years’ Claim?
A lost years claim allows a claimant to seek damages for the income and pension they would likely have earned over their working life had the negligence not occurred. In its basic form, it considers what the individual’s life may have looked like “but for” the negligence, including their ability to pursue education, employment, and a career.
For many families, this is not just a financial issue, but also the recognition of the opportunities that have been unfairly taken away.
What Has Changed Following This Decision?
Before this ruling, minor claimants (children) could only recover compensation up to their projected life expectancy. Any claim for losses beyond that point was often seen as either speculative or considered excessive compensation.
However, the Supreme Court has now confirmed that claimants are entitled to claim for losses spanning the full life that they would have otherwise lived, rather than being limited by their reduced life expectancy following injury. This approach is often referred to in legal terms as the “but for” scenario, which assesses what would have happened if the negligence had not occurred.
Why This Matters for Families
Our medical negligence team has seen firsthand how many of our clients have been unfairly denied the chance to pursue the education and careers that they might otherwise have enjoyed.
This welcomed decision is an important step in acknowledging the sheer devastating impact that clinical negligence can have.
Claims of this nature cover a wide range of losses and needs, including:
- Future care and support.
- Specialist equipment.
- Adapted accommodation.
- Ongoing therapies, including physiotherapy and other essential support.
The purpose of compensation in these cases is to place our clients, as far as possible, in the position they would have otherwise been in had the negligence not occurred.
Supporting Clients with Life-Changing Injuries
As a firm committed to supporting clients who have suffered life-changing injuries at birth, with no prospect of recovery, we welcome the Court’s recognition that these individuals should be fully compensated for the opportunities they have been unfairly denied.
Such catastrophic injuries affect not only the claimant but also have a profound impact on their families, something our teams see every day in our work.
This development in the law will make a meaningful difference to our clients and families, helping to ensure they receive full and fair compensation that reflects the true extent of their loss.
Speak to Our Clinical Negligence Solicitors
We have a dedicated clinical negligence team with decades of experience supporting clients who have sustained life-changing injuries. We are here to provide expert guidance if you or a loved one has suffered an injury that you believe is due to negligence. Please feel free to contact us for a free, no-commitment consultation.
If you believe that you, or a loved one, has suffered from medical negligence, our team are here to support you and provide legal guidance.
Please seek the answers you deserve and telephone our experienced medical negligence team on 0800 987 8800 or make a free online enquiry here and we will contact you. Alternatively, email us at medneg@bmcf.co.uk
Medical Negligence Specialists – Bridge McFarland LLP
medicalnegligence.co.uk is owned and operated by Bridge McFarland LLP, an established and nationally recognised law firm renowned for specialist expertise and experience in this complex area of law. With our determination and commitment to providing our clients with an exceptional standard of service, we have held the highly regarded Lexcel quality mark since June 2008. Many of our solicitors also hold the specialist Law Society Clinical Negligence Accreditation, a recognised quality standard for practitioners representing claimants in medical negligence matters. These accolades are only awarded to firms who have undergone regular rigorous and independent assessments.
This article is not intended to be taken as legal advice or acted upon, and information may have changed since publication. If you are seeking legal advice, please contact our medical negligence team.