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Nursing Care Expert & Case Manager
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Joined: Oct 2003
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Posts: 90
Location: Southport, UK
Karma: 0 |  | NHS funding of statutory care & PI Trust funds
« Thread Started on Sept 16, 2005, 5:56pm » | |
NHS AND LOCAL AUTHORITY RESPONSIBILITIES FOR CONTINUING HEALTHCARE AND SOCIAL CARE SERVICES
Abstract
In the recent past, there has been a number of high profile court cases raising significant issues that personal injury lawyers need to grapple with when considering what care and accommodation provision is available for claimants, by statutory obligation, through the National Health Service (NHS) and Local Authorities.
The much publicised Coughlan case (R v North and East Devon Health Authority ex parte Pamela Coughlan EWCA 1871 1999) dealt with health service responsibility for continuing nursing care. More recently, Eagle v Chambers (EWCA Civ 1033 2004) emphasised that it is up to defendants to raise arguments and prove that, where the resources required to provide care are not available outside the NHS and they form part of a privately funded care regime being provided to a claimant, the defendant should not have to meet that particular element of cost. Similar arguments may also be raised where a claimant is likely to use NHS facilities and not privately funded services (see Woodrup v. Nicol (1993) and Lim Poh Choo v. Camden and Islington Area Health Authority 1980).
The recent Sowden and Crookdake cases (EWCA Civ 1370 2004) relate to care services that are being, or might be, provided to claimants by a Local Authority.
These cases raise many issues for claimants and defendants alike....
The complete paper can be accessed by following this link http://www.cpims.com/nhsfunding.pdf.
Further information:
Mike Hurst
Personal Financial Planning Limited
Centaur House
Hope Street
Sandbach
Cheshire
CW11 1BA
mike@pfp-planahead.co.uk
www.pfp-planahead.co.uk
Tel: 01270 759786
Fax: 01270 759787
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