Case history
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Case
Study - Summary
Mrs Marjorie
Eyton-Jones , Born 26 February 1919, Died 23 May 2007 (Aged
88)
In July 1998, Mrs
Eyton-Jones was admitted to Ysbyty Gwynedd Hospital in Bangor
following a fall at home. She was then transferred to Manor
House Nursing Home in Upton, Wirral in August 1998. She was then
transferred to Brimstage Manor Nursing Home in Brimstage, Wirral
where she remained until she died in May 2007. The family
were informed that she could not return home as she required 24
hour nursing care. The family were told that due to Mrs
Eyton-Jones’s capital and income, she would have to pay for her own
nursing care. Mrs Eyton-Jones paid over £165,000 in nursing home
fees.
Case
History
- In August 2003, Mr
Gordon Line on behalf of his mother, Mrs Eyton-Jones asked
Ombudsman to undertake a full continuing healthcare assessment on
Mrs Eyton-Jones following his public report on long-term care. The
Ombudsman referred the case to Anglesey Local Health Board to
undertake an retrospective assessment to determine whether Mrs
Eyton-Jones was eligible for NHS Continuing Healthcare when she was
discharged from Ysbyty Gwynedd Hospital in August 1998. The Local
Health Board undertook a retrospective review in April 2005 and
concluded that Mrs Eyton-Jones was not eligible for NHS Continuing
Healthcare. This decision was challenged to the Public Services
Ombudsman for Wales who stated that the decision was not based on
evidence as the Local Health Board had not considered all evidence
at the hearing.
- In July 2005, on Mr Line’s request the former
Bebington and West Wirral Primary Care Trust undertook a current
assessment on Mrs Eyton-Jones. This assessment concluded that
despite Mrs Eyton-Jones suffering with severe cognition and
behavioural problems, she was not eligible for NHS Continuing
Healthcare but eligible for the High Band of Registered Nursing
Care Contribution of over £100 per week.
- In May 2006, Mr Line
instructed Hugh James solicitors to challenge the decision that his
mother was not eligible for NHS Continuing Healthcare.
- In June 2006, the Local
Health Board held a further Independent Review Panel to determine
whether his mother was eligible for NHS Continuing Healthcare and
concluded that she was not eligible when she was discharged from
Ysbyty Gwynedd Hospital in August 1998.
- In July 2006, following Hugh James’ request a
further multi-disciplinary team assessment on Mrs Eyton-Jones, the
former Bebington and West Wirral Primary Care Trust concluded that
Mrs Eyton-Jones was eligible for NHS Continuing Healthcare and the
NHS would be responsible for her ongoing nursing home fees. They
confirmed they would undertake a retrospective review from August
1998 to July 2006.
- In March 2007, Wirral
Primary Care Trust confirmed that they had considered a
retrospective review and concluded that Mrs Eyton-Jones had been
eligible for NHS Continuing Healthcare from October 2005, but was
not eligible for NHS Continuing Healthcare from August 1998 to
October 2005. The family were not happy with this decision and
challenged the same.
- Mrs Eyton-Jones sadly passed away on the 23
May 2007.
- In April 2008, Court proceedings were issued
against the Local Health Board and Primary Care Trust to claim all
the nursing home fees paid by the late Mrs Eyton-Jones, as it was
the families case that she was eligible for NHS Continuing
Healthcare for the entire period that she was in Nursing Home. The
proceedings were stayed to allow North West Strategic Health
Authority to consider the case.
- In May 2009, North West Strategic Health
Authority considered the case at an Independent Review Panel. The
decision was received in July 2009, which stated that the Panel had
concluded that Mrs Eyton-Jones had been eligible for NHS Continuing
Healthcare from the discharge from Ysbyty Gwynedd Hospital to the
Manor House Care Home. Wirral Primary Care Trust accepted the
decision and has confirmed they will reimburse all the nursing home
fees paid by the late Mrs Eyton-Jones.
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