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JGM, Solicitor
Category: Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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Is there a time limit family member to appeal against

Customer Question

Is there a time limit for a family member to appeal against a cost charged for their elderly mother who had initially only been placed in a dementia unit for a weeks respite which was paid, but when the daughter and son called to collect their mother her condition had rapidly deteriorated and she was clearly too ill to be taken home. Following a discussion the staff requested their mothers GP to visit the next day to diagnose her illness which was diagnosed as a chest infection.Following further discussion with the staff, they decided the lady would need to stay in for up to 6 weeks to undergo further assessments. During that period her own spectacles went missing and despite her daughter informing staff on a daily basis her mother was found to be wearing someone elses,one of the assessments which was about assessing for deterioration in their mothers mental health by the mental health nurse wasnot carried out. Also the daughter of this lady found out her mother didn't receive her medication for 8 days because the staff forgot to ask her daughter to collect it from the GP surgery. This lady also had a few falls whilst in their care which eventually lead to her being admitted to Hospital before the end of the assessment period. When this lady was discharged home she was rendered immobile and she died 5weeks later. Meetings were arranged by the Community Social support officer to investigate the aforementioned complaints following a meeting held in their mothers home after she was initially discharged from hospital, The meetings were held in 2014 during which none of the staff who attended offered any condolences but at one of the meeting an admission of guilt by the staff at the home for not giving their mother her medication for 8 days whilst in their care was noted.Initially they sent accosting which included the week their mother was in hospital but when their daughter informed the finance dept they decide to reduce the costs from £1041-14p to £590-14p but this doesn't take into account their failings of duty of care and not administering prescribed medications.Copies of these charges were only received by their daughter last week.Is it now too late to appeal?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a practising solicitor and will help you with this.
You don't need to appeal as such. This is a civil matter in that the dementia unit were contracted to provide a care service and failed to provide that care. It follows that you can object to the charges and refuse to pay them on the basis that they are in breach of contract.
Personally, I would be approaching this in a different way in that I would be seeing a solicitor with a view to intimating a civil claim for damages for negligence. That would normally put a halt to any attempt to claim the alleged debt.
I hope this helps.
Please leave a positive response so that I am credited for my time.