Our client Joseph was only 15 months old when he was very seriously injured in a road accident. His mother died in the crash and his father was injured.
After his initial hospital admission, Joseph was transferred to a local hospice (Helen and Douglas House in Oxford) where he received further intensive care and support.
Despite showing signs of recovery, Joseph unfortunately died of respiratory complications when aged 20 months.
Stephen Nye, Partner in our Birmingham office pursued claims on behalf of the injured father, the estate of the deceased mother and Joseph's estate.
Within Joseph's claim, a novel claim was pursued to recover the costs incurred by the hospice in caring for Joseph. Stephen was successful in recovering £95,000 for the hospice.
Stephen commented; "This was a truly tragic case, which devastated an entire family. It was recognised that the hospice had provided a superb service to Joseph at a very considerable cost. The hospice ordinarily relies entirely on charitable donations to provide their services. It was decided that a claim would be pursued to recover the costs of the hospice, even though they do not charge for the service. Under existing principles relating to compensation for gratuitously provided care, we were able to recover the substantial sum of £95,000, which will make a major difference to the future running of the hospice. It was comforting to the family to see a positive arise from this tragedy. It is hoped that this will pave the way for hospice costs to be recovered in future cases".
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