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personal injury quantumclinical negligencelost years
Totham v King's College Hospital NHS Foundation Trust
[2015] EWHC 97 (QB)
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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