NHS England are failing to deliver its legal responsibilities to the severely disabled

JMR Solicitors in Manchester take care of all types of claims, and some of them, happen to come under ‘Clinical Negligence’.

Public Accounts Committee (PAC) published a report mid-January which reveals that NHS England are failing to deliver its legal responsibilities to the severely disabled.

NHS England has therefore come under scrutiny for not delivering on the legal responsibilities from the NHS Clinical Commissioning Groups (CCGs) to provide suitable care for the most severely disabled people.

A report by PAC says the current system is plagued with postponements and poor-quality assessments.

The Committee is especially concerned about the hundreds of millions in cuts that are said to be planned by NHS England from the national Continuing Health Care (CHC) spend by 2020-21 – this will hinder access to vital care for these highly vulnerable individuals and lead to less people getting the crucial care they require. It also highlights grave inadequacies in the eligibility criteria assessment method which has created prevalent regional disparities and at the minute seems to be a postcode lottery in the quality of care.

Marium Razzaq, partner at JMR Solicitors in Manchester said the report holds “devastating facts” that should be “addressed with urgency”.

“The country relies on the NHS, and the current process is clearly not working. The NHS healthcare funding should help and prioritise the most vulnerable people in our society”, says Marium.
“Those people that are assessed are also made to wait lengthy periods without aid, to find out if they are eligible for funding, and to receive the essential care that they need. About one-third of assessments in 2015–16 took longer than 28 days it says in the report. In some cases, people have died whilst waiting for a decision.

‘This current process is undesirable and will only get worse if NHS England makes additional budget cuts. In failing to meet its legal responsibilities to severely disabled people, NHS England is also making itself vulnerable to clinical negligence claims.”

JMR Solicitors in Manchester can handle Clinical Negligence claims on a no win, no fee basis.

To see the full PAC report, click here.

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