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Written on 12th April 2022 by Ruth Meyer

Claims for Continuing Healthcare funding can be complicated and very time consuming so we are pleased to be able to update you on a recent application.

Our client, Sara*, now aged 22 suffered severe brain injury during her birth. A claim for personal injury was pursued by the clinical negligence team here at Boyes Turner. The claim was successful and there was a 90% recovery. This meant that 90% of the claim was awarded to Sara.

As the client lacks capacity, Ruth Meyer of our Court of Protection team was appointed as her Deputy. For us in the Court of Protection team a recovery for a client below 100%, and in this case 90% means that the client has to cover 100% of the cost of her care, but with 90% of the money to do so. This means we are short of money to fully meet Sara’s needs and over the long term this can have quite an impact on finances. As a result, this allows us to make an application for additional care funds from the NHS for continuing healthcare funding and in fact the Deputy has a duty to do so.

We commenced a claim for Sara when she turned 16 in 2017. Although there were many delays, we have now been able to not only secure a weekly payment in excess of £3,000 towards the cost of her care, but we have also secured a back payment of £400,000 for all of the care costs our client has paid since 2017.

As a result of this we have been able to secure Sara’s future in ensuring that her funds will meet all of her needs for the rest of her life. Needless to say the family and Sara are delighted with the result.

*names have been changed

If you would like to find out more about making a claim, you can speak to one of our court of protection claims specialist solicitors, free and confidentially, by contacting us here.