Using Solicitors for a retrospective claim for care home fees

[merlin]

Hi Experts

A simple question, Is there any advantage in using solicitors for claiming for retrospective care home fees? Would they be likely to have any more success than myself with personal knowledge and medical history of the person, in my case my wife, to fill in the Questionaire.

I ask because as far as I can see they would work on case notes of medical history from hospitals, GP and care home etc. My experience of getting case notes under the freedom of information act was a disaster. They were scrappy, innaccurate and the important bits which I particularily wanted at the time, were completely missing! My feeling is that I could probably do at least as well as them. I just wonder if they would carry more clout.

The only possible advantage I can see is that they could call on experts in that field, but then would it come to that at what I suppose would be some sort of an MDS hearing. I simply don't know. Help!

Merlin

 

[nmintueo]

My experience of getting case notes under the freedom of information act was a disaster.

You cannot request your own personal information under the Freedom of Information Act.

If you wish to access your own medical records, this must be done under the Data Protection Act. See our national procedure for access to medical records for more information.

Guidance for Freedom of Information enquirers
http://www.nhsdirect.nhs.uk/About/FreedomOfInformation/GuidanceForFOIEnquirers

So if you were able to get case notes, it wouldn't (or at least shouldn't) have been on the basis of a Freedom of Information request.

And if you're accessing someone else's medical records, that's different again. Do you have a health-and-welfare power of attorney?

 

[merlin]

Hi Mintueo

All I know was that at the time I requested the records (but I can't remember through whom) and after much waiting finally got them. You are probably right it was the Data Protection Act and yes, in my case, I had a normal EPA for access.

If I went to a solicitor for the retrospective claim I would need to sign a consent form to give them 'accessto the patient,s relevant health and social care records'.

Merlin

 

[nmintueo]

OK. So one issue is they've given you the medical records but important bits are missing. Did they say they were denying you access to them, or are they just missing? And you're sure the missing records aren't simply missing because they're held by someone else?

If they're just missing without explanation, you might as well re-request them, saying 'X is missing from the records you supplied'.

How to Access your NHS Medical Records
http://www.nhsmedicalrecords.org.uk/medicalrecords.php

If they actively refuse access and you don't agree with their grounds, you could try their complaints procedure, as that document says, but I can't tell you how cynical I am about that route. You might possibly do better with a solicitor, but make sure it's one who's experienced in comparable cases.

Then there's the issue of reclaiming care home fess. Try reading a couple of previous discussions and maybe contact the NHS continuing care volunteer support group:

Reclaiming care home costs
http://forum.alzheimers.org.uk/showthread.php?47912-Reclaiming-care-home-costs

Department of Health announce crucial deadline to reclaim NHS care fees
http://forum.alzheimers.org.uk/show...nce-crucial-deadline-to-reclaim-NHS-care-fees


NHS continuing care
http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=399

NHS continuing care volunteer support group

People who believe they have wrongly been denied access to NHS continuing care funding can contact the Alzheimer's Society NHS continuing care volunteer support group to help them challenge decisions.

NHS continuing care volunteer support group
http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=398