Clinical Negligence Quantum Damages Expert Witness

Future care, accommodation, earnings loss, and PPO modelling following George v Biggs

Clinical negligence claims often involve catastrophic injury where quantum exceeds seven figures across multiple heads of loss. A damages expert witness coordinates pecuniary quantification with care, accommodation, and life expectancy experts, preparing a comprehensive Schedule of Loss covering past and future care, case management, therapies, equipment, loss of earnings, pension loss, accommodation, and Court of Protection costs.

The approach to accommodation costs has changed fundamentally following George v Biggs [2023], in which the Court of Appeal confirmed that Roberts v Johnstone no longer applies and claimants may recover the full capital cost of suitable disability-adapted housing, subject to appropriate deductions. Future care costs are assessed by care experts and capitalised by the quantum expert using Ogden multipliers, with periodical payments orders modelled where annual indexation to ASHE provides better long-term security than a lump sum.

Clinical negligence quantum experts also address CRU recoupment, interest on past losses, and causation of financial loss distinct from pre-existing conditions. Reports are prepared for the High Court, County Court multi-track, and secured accommodation hearings, with methodology that supports joint expert discussions and trial in complex medico-legal litigation.

Frequently Asked Questions

How are future care costs calculated in clinical negligence?

Future care costs are quantified by a care expert who assesses the claimant's needs and costings, then capitalised by the quantum expert using the Ogden Tables and prescribed discount rate. Following George v Biggs [2023], the approach to accommodation costs has changed - the Court of Appeal confirmed that Roberts v Johnstone no longer applies and the full capital cost of accommodation may be recovered.

What is a periodical payments order (PPO) in clinical negligence?

A PPO replaces a lump sum award for future losses with annual payments indexed to ASHE (or another appropriate index), providing certainty that the claimant will have funds to meet future needs. Quantum experts model both the lump sum and PPO scenarios so the court can compare them.

Need a damages expert witness?

Tell us about your matter and we will connect you with a qualified quantum specialist. Response within one business day.

Submit an enquiry