Beware of annual reviews
Anyone who receives a financial contribution towards their care fees, either as a result of NHS Continuing Healthcare funding, or as a result of a financial assessment undertaken by the Local Authority, ought to have their needs assessed regularly. While legislation governing the assessment process and entitlement to these types of funding differs, the basic principle is the same â€“ where an individual is assessed as being eligible for support, the NHS or Local Authority are responsible for meeting the identified needs of that person.
CCGs being challenged for failure to provide personalised care packages
The media is rife with the news that a number of Clinical Commissioning Groups (the NHS bodies responsible for making decisions about NHS Continuing Heathcare) (CCGs) are at risk of legal action if they cannot show that their policies on where that care can be provided are lawful.
Failure to reduce blood pressure before Cataract surgery
Mrs F was rendered blind as a result of negligent cataract surgery.
Failure to diagnose detached retina resulting in blindness
Mrs C was rendered blind as a result of negligent treatment by her optician. Mrs C started to experience visual problems in her right eye. She saw what appeared to be little black twigs floating in her field of vision. She telephoned her usual opticians to report the problem and to arrange an eye examination. When she attended the practice, she was examined by an optician and advised that she had cataracts present in her eyes and that no urgent treatment was required. It was suggested that she simply purchase a pair of bifocal spectacles. She was not given any other warnings or advice.
Cuts to care
The recent case of Luke Davey has dealt a real blow to those living with disability in receipt of a Care package funded by the Local Authority to which cuts are made who may be contemplating a legal challenge.