Supreme Court ruling set to impact NHS - Children injured by NHS can claim damages for lifetime lost earnings
In February 2026, the Supreme Court passed a ruling which is set to significantly increase the amount of damages the NHS may have to pay for claims brought in respect of children injured at birth, as a result of medical negligence.
On Wednesday (18 February 2026), the Supreme Court passed a ruling which is set to significantly increase the amount of damages the NHS may have to pay for claims brought in respect of children injured at birth, as a result of medical negligence.
The Supreme Court considered a claim in respect of the Claimant, a girl (not named) born at the Sheffield Teaching Hospital NHS Foundation Trust in 2015. Despite it being apparent to medical staff that her heartbeat during labour was abnormal, staff failed to act, leading the Claimant to suffer oxygen deprivation and a severe hypoxic brain injury. As a result, the Claimant has severe cerebral palsy, for which she will require round the clock care, and a reduced life expectancy of 29 years of age. In 2023, the High Court awarded the Claimant a lump sum of over £6million pounds in damages, with an additional payment of £394,940 per year to cover the cost of the Claimant’s care and anticipated loss of earnings, up to the age of 29.
Children’s claims for loss of earnings due to life shortening injuries are typically calculated by the number of years they are expected to survive only, contrary to claims brought on behalf of adolescents and adults who can claim a loss of earnings for the total number of lost years during which they would have worked, but for the injury/ies sustained. On Wednesday however, the Supreme Court ruled that claims for loss of earnings in respect of children should reflect a full working life, bringing claims on behalf of children in line with those of their older counterparts.
Whilst this will undoubtedly be welcome news to the families of children injured and unable to work later in life as a result of medical negligence, it may be some time before we see the real cost impact of Wednesday’s ruling on the NHS. Leathes Prior shall, however, keep a close eye on developments. In the meantime, should you require advice on a medical negligence claim, our Personal Injury and Medical Negligence Team are happy to assist.
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