The courts are often called upon to sanction treatment for patients whose ability to make...
Any civilised society would expect innocent victims of clinical negligence to be fully compensated, and that is exactly what specialist lawyers are there to do. In a case on point, a 10-year-old boy who suffered devastating injuries whilst still in his mother's womb received millions of pounds in damages.
The boy's mother suffered kidney problems during her pregnancy, which developed into a life-threatening infection and sepsis. As a result, the boy developed cerebral palsy and will always depend on round-the-clock care from others. After proceedings were launched on his behalf, an NHS trust accepted that there was an avoidable delay in treating his mother with antibiotics.
The trust admitted liability for his pre-natal injuries and apologised to him and his family in open court. Following negotiations, it agreed to a final settlement of his claim, the capitalised value of which was estimated at £10 million. The settlement took the form of a £3.6 million lump sum, together with annual, index-linked, six-figure payments to cover the costs of his care for life.
As a result of damage to his brain, the boy suffers from spastic dyskinetic cerebral palsy and microcephaly and is registered blind. He cannot sit, stand or walk unaided and, due to his difficulty in swallowing, is fed through a tracheostomy tube. Approving the settlement, the High Court expressed admiration for the unstinting and outstanding care his mother has given him.