1 A guide to the recovery of hospice care costs Personal Injury
2 The future of hospice care costs A landmark High Court ruling secured by Irwin Mitchell now allows hospices across the country to claim back some of the costs associated with the end of life care of innocent mesothelioma victims. After initially recovering 10,000 in costs for the hospice at the centre of the test case, we have recovered thousands of pounds for hospices across the UK.
3 3 What is mesothelioma? Mesothelioma is a form of cancer caused by exposure to asbestos. It most commonly affects the lining of the lung [pleura] but can also occur in the lining of the abdomen [peritoneum] and the heart [pericardium]. The disease usually takes years to develop and the only known cause is exposure to asbestos dust. Despite knowledge of the harmful effects of asbestos, the substance was widely used in industry until the midlate 1970s. There is no known cure for the 2,200 plus victims diagnosed with mesothelioma in the UK each year, which more often than not leads to hospices providing terminal care. Throughout his final few months the staff at St Gemma s were absolutely fantastic and we are just so pleased that Irwin Mitchell were able to help recover the costs so that they can continue to provide such a good service for others. Gloria Boaden, widow of Len Boaden, whose case raised 30,000 for St Gemma s Hospice in Leeds To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back
4 The landmark case James Willson was 20-yearsold when he finished his National Service and went to work erecting new boilers at Deptford Power Station in south east London, where he was regularly exposed to asbestos. More than 50 years on in 2006 he was diagnosed with mesothelioma and sadly passed away in March 2007 after 23 days at St Joseph s Hospice in Hackney. Mr Willson s family welcomed the additional care St Joseph s staff provided to helped to ease his pain and felt compelled to give something back to the staff who gave so much support. But, like many families, they were restricted by limited funds. Irwin Mitchell represented Mr Willson s family and successfully recovered over 10,000 for St Joseph s in a landmark judgement which found that the defendant Foster Wheeler Limited, who employed Mr Willson when he was exposed to asbestos, should pay the costs for the care provided by St Joseph s both at the hospice and when he was at home.
5 5 The family reaction It was important to my family to show how grateful we were to St Joseph s Hospice, which had provided so much excellent support and comfort for us and my father as his pain became worse towards the end. Donations to the Hospice are voluntary but my sister and I were determined to ensure that something was done. We could not be more delighted by the outcome which means that the hospice will recover most of the costs generated while caring for my father and these can now be used to care for someone else. Catherine Drake, Mr Willson s daughter To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back
6 Q&A What does this mean for our hospice? It means that the law permits you, as part of a claim for compensation by the mesothelioma sufferer or their estate, to recover the costs of care provided by your hospice to them from the person or company that caused their illness. This may apply to outpatient treatment and therapies where these services have been provided to the sufferer by the hospice. Is there a limit to how much can be claimed? The case did not set any limit on the amount that could be claimed. However, it will be necessary to prove that the claim is reasonable. Can the full hospice costs be claimed? No. In the example of Mr Willson s estate, they were able to claim the costs to the hospice that had been provided by charitable donations but not the amounts provided by NHS funding. Can you give me an example of how this might work in practice? A successful claim is brought by the executors of the will of Mr Jones. Mr Jones was in the hospice for 20 days in the period leading up to his death. The hospice is 40% funded by the NHS. The hospice is able to provide evidence that its costs per patient, per day are x 20 days x 60% (non-nhs funded element) = 4,800 that would be given to the hospice. Our hospice receives all of its funding from the NHS. Can a claim be brought? No. Only the element of the cost to the hospice not funded by the NHS can be claimed.
7 7 We know that a patient in the hospice died of mesothelioma. Can a claim be brought independently? No. The hospice only has the right to bring a claim via the person who had the illness or their representatives. Will the hospice be contacted by the solicitors acting on behalf of a mesothelioma sufferer making a claim? Yes. The solicitors will contact the hospice to make sure the amount being claimed is correct, as the funding arrangements of hospices can vary across the country. What about data protection? If a solicitor requests information from the hospice they should include a form of authority which is signed by whoever is making the claim. If such a form is not provided, information relating to a patient should be withheld until written authority has been given. Will the hospice receive payment in all cases where information is requested? The hospice will only be reimbursed where it has been possible to bring a successful claim. Where a claim is not successful, the hospice will not be able to recover any of its costs. Does this ruling apply to other occupational diseases? Whilst the case of Mr Willson was only concerned with mesothelioma, the same principles are likely to apply to other cancers where the link between the condition and negligent employers can be proved. To talk to a specialist advisor today simply call free on or text CLAIM to and someone will call you back
8 Looking for help with a claim? Freephone Text claim to and someone will call you back Irwin Mitchell Birmingham Imperial House, 31 Temple Street, B2 5DB Bristol One Castlepark, Tower Hill, BS2 0JA Glasgow 5th Floor, 150 St Vincent Street, G2 5NE Leeds 2 Wellington Place, LS1 4BZ London 40 Holborn Viaduct, EC1N 2PZ Manchester Bauhaus Rossetti Place, 27 Quay Street, M3 4AW Newcastle upon Tyne Gainsborough House, Grey Street, NE1 6AE Sheffield Riverside East, 2 Millsands, S3 8DT Irwin Mitchell Consulting Office Leicester Suite 122, 1st Floor, Gateway House, 4 Pennman Way, Grove Business Park, Enderby, LE19 1SY Irwin Mitchell Abogados Madrid Torre Picasso, Plaza Pablo Ruiz Picasso 1, 11B, Madrid 28020, Spain Málaga Calle Puerta del Mar 15, 2º, Málaga, Spain 2011 Consultations are by appointment only. Irwin Mitchell LLP is a limited liability partnership registered in England & Wales, with number OC343897, and is authorised and regulated by the Solicitors Regulation Authority. All Scottish cases will be handled by a separate Scottish legal practice, Irwin Mitchell Scotland LLP, which is regulated by the Law Society of Scotland.
Spinal cord injuries Personal Injury All you need to know about making a spinal cord injury claim from leading personal injury lawyers Irwin Mitchell. My legal team were just incredible, I asked for something
Spinal Cord Injuries: An introduction to claiming compensation Today, I m getting on with moving forward in my life in a variety of ways and I m grateful for how Thompsons have helped with it all. Mark
Spinal Cord Injuries Personal Legal Services This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions.
Inspired by You Supporting you when you need us most In 25 years of legal practice I have never met an accident victim who wanted a damages payment more than they wanted to turn the clock back. We look
What to do after a death in England or Wales Part of the Department for Work and Pensions Introduction When someone close to you dies, there are many decisions and arrangements you ll have to make, often
CLAIMING COMPENSATION THE IMPORTANCE OF SEEING THE RIGHT SOLICITOR By Jonathan Fogerty Spinal Injuries Association Trustee & Solicitor Taken from the text of a talk given at the NAIDEX Conference (Birmingham
Spinal Injury A client s guide to spinal injury Contents 3. The Personal Injury Department at Field Fisher Waterhouse LLP 4. Spinal injury - the facts 5. Can I claim compensation 6. Funding the case 7.
Factsheet 22 January 2014 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare
Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs for 50 Years 2 What Is Medical Malpractice? HOW TO USE THIS GUIDE If you read this guide, you will discover what you need
Open Adoption: It s Your Choice If you re pregnant and thinking about placing your child for adoption (making an adoption plan for your child), you may want to consider open adoption. Ask yourself Read
Claiming compensation for personal injury - no win, no fee agreements If you have suffered an injury for which someone else was to blame, you might be thinking about claiming compensation. You might want
Testing for Prostate Cancer Should I be tested? Is it the right choice for me? Prostate cancer affects many men. There are tests to find it early. There may be benefits and risks with testing. Research
OPG602 Making decisions A guide for family, friends and other unpaid carers The Mental Capacity Act Making decisions A guide for family, friends and other unpaid carers Helping people who are unable to
CHOOSING A LAWYER... A CLIENT S GUIDE Celebrating Years of Service Ethics and Integrity SINCE 1901 Celebrating Years of Service Ethics and Integrity SINCE 1901 (609) 585-6200 www.mercerbar.com TABLE OF
End of Life Care Programme Introductory guide to end of life care in care homes April 2006 Contents Section Page Introduction... 1 Useful definitions... 3 Issues affecting end of life care... 4 What can
Legacy Planning Will Writing Guide (England and Wales) Making your wishes known This guide explains: Why making a Will is so important and what happens if you don t have one The types of Will you can make
What you should know about IN ONTARIO This booklet contains information about the law as it was at the time it was written. The law can change. Check the Ministry of the Attorney General website at http://www.attorneygeneral.jus.gov.on.ca
How we work out child maintenance A step-by-step guide About this leaflet This leaflet explains how the Child Maintenance Service works out child maintenance. It tells you the information we use and the
WORKERS COMPENSATION & YOUR RIGHTS 655 Florida Grove Road Mailing Address P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7600 GILL & CHAMAS Raymond A. Gill, Jr.* Peter Chamas* James Pagliuca Michael J. Hanus
Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns
General Terms and Conditions These are the General Terms and Conditions (incorporating the General Terms, the Specific Account Terms applicable to specific accounts and the Westpac Electronic Banking Services
SSCS1A How to appeal against a decision made by the Department for Work and Pensions www.justice.gov.uk 3 Contents 1. About this guide 4 2. What to consider 5 3. Making your appeal 6 4. Completing form
United Nations Secretary-General s Study on Violence against Children Adapted for Children and Young People CONTENT What is this Report about?...3 What does the Study say? The Main Recommendations...12
Best Interests Guidance on determining the best interests of adults who lack the capacity to make a decision (or decisions) for themselves [England and Wales] A report published by the Professional Practice
OPG603 Making decisions A guide for people who work in health and social care The Mental Capacity Act Making decisions A guide for people who work in health and social care Helping people who are unable