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5 January 2022 | Case Study | Article by Michelle Evans

Case Study: Mrs Hilda Underwood from Essex

Mrs Hilda Underwood

Hilda Underwood was diagnosed with dementia and lived in a care home in Leigh On Sea in Essex from 2007 until she died in 2011.

Mrs Underwood suffered with severe dementia. Due to her dementia, she had challenging behaviour, unable to communicate effectively and required all care to be provided to her. Initially, she was able to mobilise, but suffered a number of falls. As her health deteriorated, she became immobile.

Hugh James requested a retrospective review, in 2012, of Mrs Underwood’s past care. Following numerous appeals through Arden and GEM Commissioning Support Unit and to an NHS England Independent Review Panel, the NHS concluded that Mrs Underwood was eligible for NHS Continuing Healthcare for the last year of her life and her care fees should be refunded. Her family recovered over £35,000 in wrongly paid care fees and interest.

picture of Hilda Underwood

Author bio

Michelle Evans

Legal Director

Michelle Evans is a Legal Director in the niche area of continuing healthcare, and has represented many clients, in both England and Wales, in challenging current and retrospective decisions to refuse NHS funded continuing healthcare to long-term nursing home residents.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.


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