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United Kingdom personal injury quantumclinical negligencelost years

Totham v King's College Hospital NHS Foundation Trust

[2015] EWHC 97 (QB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division
Year2015
StatusPersuasive authority

Key Principle

On assessment of damages for a child catastrophically brain-injured at birth, full ('100%') compensatory principles apply: the defendant must fund the claimant's reasonable choices among acceptable care, accommodation and therapy options, even where cheaper alternatives exist, and a lost-years element may be assessed notwithstanding the tension with Croke v Wiseman.

Area of Law

General

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