Financial & Legal News

Care Home Funding Compensation Of Over £20,000

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A woman whose family recovered over £20,000 in care home fees which need not have been paid have said they are grateful to Pearson Solicitors for taking on their case and battling on their behalf.

Our client, Mrs C, has sadly died but when her family found out they could claim NHS Continuing Healthcare Funding retrospectively they felt it was something she would have wanted.

Mrs C was a resident at Shawside Nursing Home, Shaw, between December 2008 and October 2011 when she died.  We recovered over £19,500 care fees, plus interest, for a time period when she should have been entitled to NHS Funding.

Speaking about the case, solicitor Mike Talbot, who is an expert in care home funding cases said:

The key point here was that from looking at the relevant records, we were able to show that an assessment recommended fully funded Continuing Healthcare but there was then a failure to implement that recommendation by a NHS Panel Meeting. In essence the family were paying for something that should have been fully funded.

“The guidance states that only in exceptional circumstances and for clearly articulated reasons should a Multi Disciplinary Team’s recommendation not be followed. In this case the recommendation was neither ratified nor was there a refusal to ratify. We only discovered this omission by going through the retrospective application process,” he added.

“Believe it or not, I am now dealing with another case where something similar has happened and there has again been a failure to follow clear recommendation for NHS Funding,” said Mr Talbot.

If you think you might have a care home fee compensation claim call now 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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