Birth injury compensation and providing for future care
In January 2008 the Court of Appeal made a landmark ruling that will have a major impact on all people who receive birth injury compensation for long-term injuries and illnesses. The case was led by an eminent legal team from one of the UK's leading personal injury firms. Their action sought to overturn the link between the Retail Price Index (RPI) and ongoing compensation for people who suffer from long-term medical conditions.
They argued that since the RPI has historically failed to match rises in salaries for care workers, compensatory provisions for the cost of ongoing care have inadequately reflected the reality of the care costs facing successful claimants. Over the years this has led to many people, including birth injury compensation awardees, being forced to compromise their health and well-being through the financial constraints imposed by RPI-care cost linking.
The decision
Despite the defendants (comprised of several NHS Trusts) arguing that there were no grounds for the court to use an alternative index, the three judges at the centre of the case were unanimous in their belief that a fairer system needed to be implemented. Lord Justice Waller commented, "This court is seeking to provide an answer which, on the information it has at the trial, will, through the use of a periodical payment order, best provide the claimant with 100% compensation," adding that the courts must consider it their duty to provided "a more suitable index or measure".
In the end the court settled for indexing long-term care costs to the Annual Survey of Hours and Earnings for Care Workers, a proposal that was initially suggested by personal injury lawyers Irwin Mitchell.
What the decision means
The new decision means that all ongoing compensation paid to meet the costs of ongoing care will now be linked to rises in salaries for care workers in the UK. As care worker salaries have for a long time now been rising at a much higher rate than the RPI, the decision makes a great deal of sense.
Theoretically, people with permanent and disabling conditions such as cerebral palsy will now receive compensation adequately matching the costs of their ongoing care, rather than being left short by flaws in the previous system of RPI linking.
The sentiments expressed by the head of the firm who undertook the action go some way to explaining just how significant the Court of Appeal's ruling should prove to be, "This is the most important decision for decades on the assessment of damages for future care. It ensures that those who require long term care can afford to provide for themselves a good quality of life and as much independence as can be achieved within the limits of their injuries"
YouClaim's birth injury solicitors
All people who suffer lasting injury as a result of medical error deserve every chance at minimising the levels of disadvantage they experience.
This is particularly true of those who suffer a birth injury. Experiencing such a setback so early in life can lead to lifelong trauma and disadvantage. While claiming compensation can never be a substitute for a birth injury free life, it can help to redress at least some of the disadvantages.
Our team of medical negligence solicitors contains a panel who specialise in representing birth injury claimants. Over the years they have built a strong reputation for sensitivity and success.
We are pleased to be able to offer our expertise to you at absolutely no cost. Win or lose, we will never charge you penny in legal costs or fees.
If you would like to find out more about how we might be able to help you, you can fill out an online claim form, request a callback or have an e-chat.
Alternatively, if you would like to speak to someone about your claim for birth injury compensation right now, simply call us on 0800 10 757 95.
