Local Councils snaffling medical negligence awards

MidgeCaryer

Council refusing services to medical negligence award recipients

MidgeCaryer

I meant to write more - just joined forum and wasn't sure what I was doing. Has anyone else come across this? Some 16 odd years ago, my daughter won a medical negligence claim. Since then she has always bought her own equipment, paid for some specialist therapies and paid for her own personal assistance. She is now living away from home at university to do a masters degree and is assessed as needing 24 hour care. Her award is structured in such a way that it does not cover the cost of 24 hour care so we asked our local council for some help via direct payments. It has taken nearly 2 years and costly legal advice to get anything like a reasonable reply from them. A few weeks ago they agreed that she should pay a contribution to her care and they would pay the balance. They have now decided, with all the cuts, that my daughter should pay for ALL her care and they won't contribute anything. This means she will be in a worse position than if she had not won the med neg case, as she will be left with nothing to live on. I am sure this was not the intention of medical negligence law. What's the point of suing if you end up in a worse position? Any advice, comments welcome.

kingyclan

Hi Midge,

Not sure how much help I can be as I assume you are talking about adult services. I am still under paediatric with a DP package split between SS and Health. Health refused initially - 'double recovery' but like you found care needs had increased beyond the intial capacity of the award. I pursued it and got hold of their 'assessment' document which clearly indicated an entitlement. Certainly in paeds, finances are not relevant and I refused to give information regarding my sons award. It took 18mths and the help of our original solicitor but I got there.

I have heard of adults being refused any assistance on the grounds of private funds. I've also heard that money in CFO is regarded as exempt.

I can only recommend a chat with a specialist solicitor and can recommend Kingsley Napley as a starting point.