Recent legal cases — Clinical Negligence

The Claimant had sustained brain injuries during birth, which had caused cerebral palsy and reduced her life expectancy to 47. She claimed for loss of earnings and pension up to the age of 93 despite authority restricting such loss claims to the period of life expectancy: Croke (A Minor) v Wiseman [1982] 1 W.L.R. 71.

The Judge considered that the principle in Croke was inconsistent with the principle of full compensation but she was, however, bound by it and commented that there would have to be an appeal if the Claimant were to pursue compensation for lost earnings in to the ‘lost years’.