Claims against the NHS for refusing to fund continuing care

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Posted in:Health Care, Litigation|February 28, 2011 | Join the mailing list

A recent article in The Times (15 February 2011) highlighted the NHS’ healthcare failings following a "devastating" report by the Health Service Ombudsman which accuses the NHS of "failing to meet even the most basic standard of care".

However there is another area where the NHS, notwithstanding its huge budget, is failings not only our elderly but also their dependants.

There are a substantial number of instances where notwithstanding an obvious primary healthcare need the Primary Care Trusts up and down the country have refused to fund continuing care on the, it would seem, contrived basis that it is residential care, leaving
the hapless elderly, ill and infirm or their relatives to foot the bill often out of a lifetime’s taxed and nationally insured savings – or even worse – the person in care’s home.

We at Berg are conducting a number of cases, supported by a system of Conditional Fee Agreements for ourselves and Counsel and After the Event insurance.

We are looking forward to the PCTs being made to recognise and fulfil their duty to provide a comprehensive and universal healthcare system free to all at the point of delivery – one of the central planks of the Beveridge Report enshrined in the National Health
Service Act 1946.

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