Totham v Kings College Hospital NHS Foundation Trust (2015): Rehabilitation & the Lost Years - Daniel Clegg, DWF
12/03/15. The recent judgment in Totham v Kings College Hospital NHS Foundation Trust (2015) covers a range of issues involved in the quantification of damages following a brain injury sustained at birth. Dan Clegg examines the judgment’s key themes, which include consideration of future loss of earnings in the ‘lost years’, how to approach claims for commercial care and case management where the standard of care has been inadequate, claims for gratuitous care and case management, and future childcare costs.
The claimant was born to professional parents in London, and suffered a grade 2 hypoxic ischaemic brain injury at birth which resulted in her suffering from cerebral palsy with a reduced life expectation of 47 years. She was unable to mobilise without help, and presented with severe learning difficulties. There were a number of quantum issues outstanding at trial by which time the claimant was seven. The judgment of Mrs Justice Laing provides useful guidance in relation to the following key issues...
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