Disability can affect people of any age and a person’s disability could be something they have been born with or perhaps acquired at a later stage in their life through illness or perhaps following an incident.

As a clinical negligence solicitor, I have many conversations with clients who describe a “normal” life with no physical or mental impairments before medical negligence but after medical negligence, find themselves physically or mentally impaired affecting their ability to do normal daily activities, such as being able to go to the toilet by themselves, or cook themselves a meal. 

I also have conversations with parents who, perhaps following negligence during the birth of their child, find themselves in a situation where their child is physically or mentally disabled and going to require help with normal daily activities for the rest of their life.

Achieving compensation for those who have been a victim of medical negligence isn’t about squeezing every last penny from the NHS. It is about giving people what they or their child needs to lead a quality of life which is equal to, or as similar as it can be to that which they or their child would have enjoyed had they been cared for or treated as they ought to have been and therefore avoided medical negligence. 

The sad reality for those living with disabilities is that everyday life costs more for them and their families. It is thought that on average, the costs of living are about £583 more per month if you’re a disabled adult. For families of disabled children, on average they will face extra costs of about £581 per month. For almost a quarter of families with disabled children, extra costs amount to over £1,000.00 a month.

When considering the implications of medical negligence on a person’s life, it is my job to consider a full list of needs which my client is going to require immediately and for the rest of their life. This could be the need to have a Carer to help with getting them out of bed and dressed or taking care of their toileting needs. It could be the need for specialised equipment such as a hoist or a wheelchair so they can move about in their own home and leave the house to go out in public. It could be the need for adaptations to their home so that they can move freely in their own home and have some independence.

How can it be fair for those who have been the victim of medical negligence to bear the costs of things they need to live an acceptable quality of life?

The simple answer – it isn’t!

Written by Lauren Gowing, Associate Solicitor