The legal position is best set out in two cases Coughlin and Grogan. Google both with Continuing Healthcare in the search box and there will be legal findings to help in the pursuit of funding from the health authority.
Also, keep in mind if there is a deterioration in the patient’s condition you can request a further fast track assessment.
In our case we did not get to the independent review because there was a deterioration and the further assessment we requested came to the conclusion that there was an entitlement to Continuing Healthcare funding. My mother died yesterday,
Hope these views may help someone else deal with the system. I now intend to move on to express some views about the social care system.
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One reply on “Continuing healthcare conclusion”
My mum had vascular dementia and fell in her nursing home during the night fractured hip. She suffered serious deterioration under anaesthetic and came out buying and spitting and screaming. She refractured her femur within 2 hours on the ward. After weeks of coping with being her 1:1 whenever they couldnt provide a nurse she was moved to a MH unit – where she was found by me tied into a wheelchair at 6 am in the staff sitting room. Eventually NHS found a home that would take her – fees were £5K + a WEEK. We had power of attorney- so when we were told her assessment was likely to fail I immediately did access to her recent health records – and argued her case – as she met all 13 criteria and all but two were at the highest level and one of those that were not critical was critical more days than not. We won that funding – but it was a hard struggle – which took its toll! The home itself was amazing – bare, lacking ornamentation – but they took her off all her sedative and anti psychotic meds and our first sight of her after a week to settle was seeing her laughing and clapping her hands in glee at a game. I cried. Simple things like using the same numbered hoist every time, and lots of loving care. She later died peacefully. No one should have to fight this hard to get proper funding for appropriate care of the severely affected.
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