Any decision that is a matter of legal president as this now is and the reasons why CHC was granted in this case make it a landmark case never mind the fact that it should not have gone to this stage to get what is just!!!
I'm afraid you're mistaken. The Edna Witt case is just a single case, in which the patient's solicitors won and it was agreed that the PCT had wrongly applied the rules. It wouldn't set a precedent unless it had been ruled that the rules themselves were wrong and needed to be changed. If that had happened, you can be sure the solicitors would be boasting about it. But what they actually say, on their website, is this:
Mrs Edna Mary Witt became a resident of Homelea Residential Care Home, East Sussex in September 2005 and later transferred to the Sovereign Lodge Care Centre, also in East Sussex in 2009 where she still resides. She has paid nearly £150,000 in fees since she went in to care. Mrs Witt suffers from dementia plus a number of other illnesses, including problems with her heart and kidneys. Hugh James were initially instructed in March 2009. Mrs Witt now receives continuing care from the NHS.
Update (April 2012): Following a retrospective review, the Primary Care Trust agreed that Mrs Witt should have been eligible for Continuing Healthcare from her admission to the care home in 2005 and have reimbursed her over £100,000 in wrongly paid fees.
There have been quite a number of similar cases. The significance of such cases is that it's possible for patients to have their cases reviewed, and they may win. Patients, and their families, need to be aware of this possibility, but at the same time understand that they won't necessarily win. They won't know for sure until their particular case is ruled upon.
PS I'd just like to say that while I don't doubt you've had a difficult time, I don't think that entitles you to be so astonishingly rude to other posters. Please try to be polite to others.
Sorry to OP but please read as much as you can on the situation and prepare, you are entitled to an assessment and almost certainly fully funded CHC, but as the links I have posted show be prepared to have to fight for something you are legally entitled to and have paid for by contributions, as have your parents before you, IT IS YOUR RIGHT!!!
BEST OF LUCK
Having been through this process with close relatives 3 times in the last decade, I am still not sure of the rules, but somehow we were still muddling about when the grim reaper intervened.
I saw a lot of confused and guilty people doing what they were told to do, with very little adequate information about their actual rights and the way the procedures operate.
I too had several moments of wanting to chew my own elbows in confusion and frustration.
I even managed to demonstrate in one case that the hospital could not even read its own notes correctly and had reached the wrong conclusion on the death certificate.
So you have my sympathy and empathy!!!!!!!!!!!!!!!!!;).
Having been through this process with close relatives 3 times in the last decade, I am still not sure of the rules, but somehow we were still muddling about when the grim reaper intervened.
I saw a lot of confused and guilty people doing what they were told to do, with very little adequate information about their actual rights and the way the procedures operate.
I too had several moments of wanting to chew my own elbows in confusion and frustration.
I even managed to demonstrate in one case that the hospital could not even read its own notes correctly and had reached the wrong conclusion on the death certificate.
So you have my sympathy and empathy!!!!!!!!!!!!!!!!!;).
Absolutely right John_Pierpoint, avoidance and cockups, and it still continues after the grim reaper has visited!
Replies
I'm afraid you're mistaken. The Edna Witt case is just a single case, in which the patient's solicitors won and it was agreed that the PCT had wrongly applied the rules. It wouldn't set a precedent unless it had been ruled that the rules themselves were wrong and needed to be changed. If that had happened, you can be sure the solicitors would be boasting about it. But what they actually say, on their website, is this:
Mrs Edna Mary Witt became a resident of Homelea Residential Care Home, East Sussex in September 2005 and later transferred to the Sovereign Lodge Care Centre, also in East Sussex in 2009 where she still resides. She has paid nearly £150,000 in fees since she went in to care. Mrs Witt suffers from dementia plus a number of other illnesses, including problems with her heart and kidneys. Hugh James were initially instructed in March 2009. Mrs Witt now receives continuing care from the NHS.
Update (April 2012): Following a retrospective review, the Primary Care Trust agreed that Mrs Witt should have been eligible for Continuing Healthcare from her admission to the care home in 2005 and have reimbursed her over £100,000 in wrongly paid fees.
There have been quite a number of similar cases. The significance of such cases is that it's possible for patients to have their cases reviewed, and they may win. Patients, and their families, need to be aware of this possibility, but at the same time understand that they won't necessarily win. They won't know for sure until their particular case is ruled upon.
PS I'd just like to say that while I don't doubt you've had a difficult time, I don't think that entitles you to be so astonishingly rude to other posters. Please try to be polite to others.
Having been through this process with close relatives 3 times in the last decade, I am still not sure of the rules, but somehow we were still muddling about when the grim reaper intervened.
I saw a lot of confused and guilty people doing what they were told to do, with very little adequate information about their actual rights and the way the procedures operate.
I too had several moments of wanting to chew my own elbows in confusion and frustration.
I even managed to demonstrate in one case that the hospital could not even read its own notes correctly and had reached the wrong conclusion on the death certificate.
So you have my sympathy and empathy!!!!!!!!!!!!!!!!!;).
Absolutely right John_Pierpoint, avoidance and cockups, and it still continues after the grim reaper has visited!
It is disgusting
:mad::mad::mad: