Clinical Negligence Quantum Damages Expert Witness

Clinical negligence claims combine general damages for pain, suffering, and loss of amenity (PSLA) - assessed by the court against Judicial College Guidelines - with extensive special damages requiring expert quantification. A damages expert witness prepares the pecuniary Schedule of Loss covering past and future loss of earnings, care and case management, accommodation, therapies, equipment, transport, and Court of Protection costs. The expert coordinates with care, accommodation, and life expectancy experts to ensure consistent assumptions across all heads.

Past special damages are supported by invoices, receipts, and records to trial; future losses are capitalised using Ogden Tables and the discount rate. Following George v Biggs [2023], accommodation is quantified on a full capital cost basis rather than under Roberts v Johnstone. Periodical payments orders may be appropriate for future care and earnings where the claimant's longevity and care needs create significant uncertainty - the quantum expert models lump sum and PPO alternatives for the court's comparison.

Compensation Recovery Unit (CRU) deductions for NHS and benefits recoupment are identified in the Schedule so net recoverable damages are clear. Interest on past special damages and general damages follows Senior Courts Act 1981 practice. Expert reports address causation of financial loss as well as quantum, distinguishing losses flowing from the negligent treatment from pre-existing conditions or unrelated events, in compliance with CPR Part 35 duties.

Frequently Asked Questions