This news headline[1] heralds a change to calculating compensation for some young children, in certain cases, following a change in the law. This was decided by the Supreme Court in February 2026, the highest Court in the land.
The change in the law is as a result of a case where a child (known as CCC to protect their identity) “suffered a severe brain injury caused by hypoxia during her birth in 2015. Her life expectancy has been reduced to 29 years as a result. The defendant, Sheffield Teaching Hospitals NHS Foundation Trust, runs the hospital where the claimant was born. The defendant has accepted responsibility for the clinical negligence which caused the claimant’s injury.”[2]
Had CCC not been injured as a result of negligence she would have had a normal life-expectancy.
The legal issue is known as a ‘lost years’ claim. The case of CCC now means that young children can be compensated for their calculated losses (for example salary, pension etc) during the period between her predicted life-expectancy and a normal life-expectancy.
This change in the law puts young children in the same position as adults.
Not all problems are the result of clinical or medical negligence. However, some are and so if you feel that you or a loved one suffered an injury as a result of medical negligence then please contact us if you wish to discuss your potential claim for compensation.
Our expert Medical Negligence team consists of dedicated specialists with many years of experience in bringing successful claims for medical negligence for those who have suffered negligently caused injuries.
We provide an initial free, defined, no obligation, review of your circumstances to see whether there may be grounds for a claim.
Dr Darren Conway PhD[3] is a Solicitor in our Medical Negligence department[4] here at Ward & Rider, specialising in helping those who have suffered an avoidable injury in a medical setting.
If you want to find out more and see how Ward & Rider could help you, click here[5]
Or email us at us enquiry@wardrider.co.uk
Or call us on 0800 316 5887
For more information regarding the NHS complaints process, please click HERE[6].
This article does not constitute legal advice and you should contact us directly if you are facing a similar situation.
[1] Children can claim damages for ‘lost years’ caused by medical negligence, Supreme Court rules – paving the way for multi-million-pound pay outs | UK News | Sky News
[2] CCC (by her mother and litigation friend MMM) (Appellant) v Sheffield Teaching Hospitals NHS Foundation Trust (Respondent) – UK Supreme Court
[3] Dr Darren Conway PhD | Medical Negligence Lawyer at Ward & Rider
[4] Medical Negligence Lawyers and Solicitors | Ward & Rider Solicitors
[5] Contact Ward & Rider Solicitors
[6] NHS England » Feedback and complaints about NHS services
