Standards of living are “polarised” for those with severe injuries, say clinical negligence specialists.
Those who received compensation “can access high quality rehabilitation, accommodation, equipment and support to optimise their outcome, those for whom it was a genuine ‘accident’ have very little post-acute rehabilitation and support and often poor quality of life,” according to Philippa Luscombe, partner, and Helen Hammond, associate, of Pennington Manches.
Writing in NLJ this week, Luscombe and Hammond ask if it is fair that standards of living should depend on whether an act of negligence rather than an accident occurred.
Other countries operate ‘No Fault’ compensation schemes.
“Discussions have been had in the UK about doing this for cerebral palsy children – would some money (but not enough) for all be better than the current disparity?”
Meanwhile, charities will continue to help those suffering traumatic brain or spinal injuries, in the absence of their having a valid claim.