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Mother asked to repay NHS payout

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Isn't it amazing how so many news stories ultimate relate to property? See http://www.dailymail.co.uk/news/article-2324890/Mother-sued-doctors-failed-spot-son-disabled-sell-house-NHS-want-money-died.html

Mum has son with spina bifida, not detected during pregnancy. She admits she would have killed the foetus had she known. She sues the doctors and obtains a totally unjustifiable £700,000 payout - how can the NHS pay out for such a thing? A child is a gift from God, disabled or not.

She spends the money on a HUGE house for herself - and the son dies at 6 - and as part of the money relates to his life-long care, she has been asked to pay back £300K, but says she wants to keep the whole house to herself - because, it is claimed, of the memories of her son!!!!!

This is the house:

article-0-19C9643B000005DC-247_634x423.jpg

It makes you wonder if she spent any of the £700K on her son, as such large houses do not come cheap in Bedfordshire.

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IN the comments, a lady with spina bifida says this:

I am 40 years old and have spina bifida and hydrocephalus. When I was born my mother didn't have the choice of having a scan to detect foetal abmormalities. Yes, it was a shock to her and my father when I was born with a severe disability and watching me struggle and go through numerous operations, physiotherapy, etc. wasn't easy for them. They could have decided to put me up for adoption after my birth, but they chose to raise me, care for me, and love me. They didn't blame the hospital for my disability. Whilst I feel for Ms McKay and I'm not saying for one minute that she didn't love Calum, she shouldn't blame anyone for his disability. I grew up in an ordinary 3 bedroomed house with my parents and younger brother. At one point, we lived in a flat above a shop and I now live independently with my husband and a 24 hour live-in carer in a 2 bedroomed bungalow. How I would love to live in a 4 bedroomed house! In my opinion, Ms McKay should give back the money.

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'The settlement was the closest I was ever going to get for an apology for the fact his spinal bifida went unnoticed,' she said.

'I had the right to choose whether to have my son or not taken away from me.

'Three months after he died I was told to start paying back the money because Calum hadn't lived as long as they expected him too.

'It wasn't enough that I was grieving - I had just lost my son and then they pulled the rug out from under me again.

'They advised I put the house on the market and return a large proportion of the sale to the hospital.

'It feels like I am being penalised for my son dying.

'This has never been about the money, it is about decency and doing the right thing by a vulnerable little boy - and his mum.'

I actually resent that title, save the venom for those who deserve it. Whilst a proportion of the money does need to be paid back there are better ways - charge over the house perhaps.

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This looks like it to me... already on the market.. just cut the asking price the other day by £20,000.

Asking price: £420,000 http://www.rightmove...y-41366093.html

Bought for £235,000 in September 2006, although no idea if she's done it up / added extension after she bought it with the payout.

http://www.zoopla.co...41-6an/14784939

Been trying to sell it since 2010 by the looks of things, when it came to market asking £499,995.

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I know someone whose child got €3m compensation for brain damage during his delivery. Figures like that are not excessive because the calculation is based on the extra cost of life-long care in an inflationary economy.

As far as I can tell much of the money was invested on his behalf in residential property. The child died within ten years. The property company almost went bust in the credit crunch, but has since been revived.

Not sure what point I want to make, except life is not a bed of roses. Sympathy for those people.

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Shouldn't this be standard practice, the beneficiary dies his or her money should be given back?

No, the money is awarded to the child. The child has an estate. The estate passes to his relatives when he dies.

The alternative is to parcel out the award periodically to cover the child's needs, with a cut off date on death. Many reasons against that. Main one is that those payments are basically welfare rather than compensation, with the wrongdoer minimising its liability and permitting itself to keep on doing wrong. Bit like the banks when they get wrist slapped by their regulators.

If you object to paying compensation, then object to a state funded health care system. You'll end up paying more through crippling private insurance.

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No, the money is awarded to the child. The child has an estate. The estate passes to his relatives when he dies.

If the award is for care costs over a lifetime, it shouldn't be a lump sum for the parents to blow all at once. Something more like an annuity.

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If the award is for care costs over a lifetime, it shouldn't be a lump sum for the parents to blow all at once. Something more like an annuity.

I think that is done, but in principle the money (all of it) is due to the child.

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She likes the big house - and wants to keep it as a windfall. That is all there is to it. I quoted from the lady with spina bifida who was brought up in a flat and disagreed that the woman needed such a huge house to "compensate" her for having a child she claims to have loved.

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You are sucking up the Daily Mail's take on the situation. On the BBC website it states

So she doesn't own the house. It's just the Daily wail spinning a story to get a reaction.

http://www.bbc.co.uk...-herts-22553341

owned by trusties one of which is Deborah Mackay? So she part owns the house with other people... If I read that correctly she is involved IHT planning/tax avoidance? What's the back story?

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The money for the child would go into a trust fund for his benefit and have several trustees. This would protect the child against a parent just spending all the money without any control.

Probably the other trustees would be bank manager / lawyer types. Doubt if it is for tax avoidance.

Ahh i see so it wasn't her money, it was all essentially owned by her son. Now her son has unfortunately died the money/assets are returning back to the NHS.

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  • 239 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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