An overview of how to apply for Health & Welfare Deputyship to come into affect when the child turns 18. This applies to children without approved Mental Capacity to make major decisions. It does not remove their rights, and is intended to work with them where possible. Health and Welfare Deputyship The Health and Welfare […]
In February 2026, the Supreme Court handed down judgement in CCC (by her Mother and Litigation Friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust a judgement that held that a young child claimant is not barred from from claiming damages in respect of ‘lost years’, a landmark ruling in Birth Injury Negligence cases. Whether
Details within this blog may be triggering so caution is advised Expert Witness Reports Once the solicitor accepts you as a client, they will usually commission expert witness reports. These are usually a midwife, an obstetrician, a neonatologist, and a radiologist. They each look at the notes, statements and letter of claim from their own
Periodical Payments What are Periodical Payments? When a case succeeds, the claimant is entitled to recover compensation to ‘put them back into the position they were ‘but for’ the negligence. Compensation is awarded as either a lump sum or periodical payments, or both. In serious injury cases, like birth injury there is usually both.
The Forever Home Disclaimer. I have pulled from our own experience and added the experience of several other families in the same position to find a middle of the road answer, but everyone’s claim is different and everyone’s housing needs are different. The Housing Need Housing is a recognised head of loss and if the
Personal Injury Discount Rate (PIDR) What is the discount rate? At the end of the case you will probably hear the term ‘discount rate’ applied to your claim and compensation, so I’ve briefly explained here what it is. In Personal Injury cases (of which Birth Injury and HIE Litigation is a type) The injured party
Case Managers Case managers are professionals who coordinate and oversee a team around a child or adult, often including therapists and other specialists. Case management is not currently a profession regulated by law and “case manager” is not a protected title. Case managers come from a variety of professional backgrounds, including nursing, occupational therapy and
How much is a NHS birth injury litigation claim worth for a Birth Injured Child? It depends on several factors and is assessed during Interim/Quantum. I’ve tried to set out as simply as I can what factors will influence the amounts. The amounts allocated for certain sectors are called ‘heads of claim/loss’. Your legal team
Gratuitous Care Payments/Family Care Payments Gratuitous care (also sometimes referred to as family care) is care provided by non-professional carers, most often parents, family members or friends and not someone specifically employed and paid a salary as a carer. As always my focus is on parents of birth injured children. Who provides Gratuitous Care? In
2024 Judgment concerning conflicts of interest when a Court of Protection Deputy appoints a connected investment manager. In the case of children with a large financial settlement following a birth injury claim, Deputies must now look at independent companies to provide long term financial security for their clients. A Deputy’s primary duty is to the
