Totham v Kings College Hospital NHS Foundation Trust (2015): Rehabilitation & the Lost Years

The recent judgment in Totham v Kings College Hospital NHS Foundation Trust (2015)covers a range of issues involved in the quantification of damages following a brain injury sustained at birth. Dan Clegg examines the judgment’s key themes, which include consideration of future loss of earnings in the ‘lost years’, how to approach claims for commercial care and case management where the standard of care has been inadequate, claims for gratuitous care and case management, and future childcare costs.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Glyn Jones


I am Head of the Catastrophic Injury team within DWF and also Head of our Leeds Insurance department.