In March 2009 an important case went to the Court of Appeal regarding the cost of care.  The Court of Appeal confirmed that Chantelle Peters was entitled to a financial sum for her care despite East Midlands Strategic Health Authority’s argument that she would be entitled to care through her Local Authority – Nottingham Council.

By way of background, Chantelle Peters was born with congenital rubella syndrome.  She sued East Midlands Health Authority and they admitted that they were at fault. 

Unfortunately, Chantelle had to be taken into care.  She was gravely disabled.  She had severe learning autistic spectrum disorder, with visual impairment, severe learning difficulties, behavioural problems and autistic tendencies.  She had thyroid problems and had developed scoliosis of the spine.  The Hospital said that Chantelle suffered no loss for care since the Nottingham Council would provide so she would not be entitled to receive any sum for future care from them them?  They argued that Nottingham Council would look after her for the rest of her life.

The current position is that any money Chantelle received was to be placed with the Court of Protection and if the Regulations remained unchanged that meant that “free” provision of care was available to Chantelle for life. 

However, the Judge recognised there was no guarantee that the Regulations would remain the same for her entire life time.  In fact, he concluded that there was every likelihood of a change at some time in the future.  He recognised that Nottingham’s resources were not unlimited and they could not guarantee that Chantelle would continue to live at her present placement come what may.  He said that she was not obliged to give up a right to full compensation from the Hospital simply because the State may look after her. 

This is a victory for all Claimants who find themselves disabled and dependant upon Local Authority accommodation.  It emphasises the Court’s belief that the Claimant should be protected and ensure that their needs are met. 

Ruth Davies
John Pickering and Partners LLP
20 Clare Road
Halifax
HX1 2HX

Tele: 01422 345535
Fax: 01422 438500
Email: rd@johnpickering.co.uk

Notes

John Pickering and Partners LLP

About Us

Our clients are people who have suffered injury as a result of a medical accident in the UK.  We are clinical and medical negligence solicitors.  We handle negligence claims against hospitals, GP’s and other medical practitioners for clients across the UK. 
We try to obtain maximum amounts of compensation. 

We are committed to providing public funding (previously known as Legal Aid) and have a franchise from the Community Legal Services Commission.  This means that they have looked at the firm carefully and approved of the way we work.  They consider that we are medical negligence claims specialists.  They trust us to handle medical accident claims properly. 

If you are not eligible for public funding, we can offer a Conditional Fee Agreement, also known as a ‘no win, no fee’ agreement with insurance.  We shall check the best method of funding your claim. 

All 3 of our offices (Liverpool, Manchester and Halifax) are accredited by the Association of Personal Injury Lawyers. 

Claire Horton is an experienced clinical negligence solicitor.  She continues to practice as an independent funding ajudicator for the Legal Services Commission and acts on a pro-bona basis for the AvMA helpline. 

We provide free initial advice to people seeking information about a potential clinical negligence claim. 

If you need advice about a clinical negligence claim, contact us now for information about making a claim for compensation.