Last week Stephen Hawking died after a long and fulfilled life. The diagnosis at an early age of Motor Neuron Disease would have been a death blow to most but it was only a spur to Stephen. He went on to use his substantial intellect to bring astrophysics nearer to the common man and to develop theories which challenged perceived scientific thought. He said that his greatest achievement was to discover that black holes were not entirely black. Black holes were thought only to absorb matter but Professor Hawking discovered that they emit energy too. That sounds like an appropriate metaphor for his life.
His life defied medical prognosis and perceived limitations of disability and he is not the only one. For many who have a serious disability the hurdles to overcome are immense and the struggles to live a fulfilled life prolonged. At a time when the National Health Service is struggling to make ends meet, many decry the volume of Clinical Negligence claims which seem to further drain NHS resources. Medical accidents sometimes have very severe consequences for families and the cost of caring for a very injured child are also great and last a lifetime.
Take Thomas who suffers for Cerebral Palsy and lives with devoted parents and a younger sibling. His brain was injured during a difficult birth and the consequences were entirely preventable. He is confined to a wheelchair. He cannot talk or eat and drink like you and I and has to be fed through his stomach. He has very little control over his limbs which don’t do what he wants them to do. To communicate, he can make sounds and shows how he feels by his facial expressions. This is fine with his immediate family but those who don’t know Thomas as well find it very difficult to communicate with him and Thomas finds this very frustrating.
When Thomas’s parents consulted our firm, we had to obtain the necessary evidence to establish that the hospital had been negligent. Once this was finally admitted, there came the task of assessing what Thomas’s needs for life were going to be and costing this up. This was to ensure those looking after him have enough money to give him the best quality of life possible which includes around-the-clock high quality professional care in his own specially adapted home with his family. To do this, we sought advice from experts in many disciplines so that Thomas could live his life to the full.
We also obtained some of Thomas’s money up-front so that care and therapies could get under way. We also obtained a lump sum which purchased a bungalow for Thomas to live with his family and carers. His long term care needs were then assessed and a substantial settlement negotiated designed to ensure that Thomas and his family can have as normal a life as possible and that Thomas can achieve the very best he can with the resources he has available to him.
Thomas was then introduced to therapies and adaptations to enable him to move around in a specially adapted wheelchair using Eye-Gaze technology. We discovered that Thomas had control over his eye movements and this ability was utilised to improve Thomas’s communication and independence. Stephen Hawking used cheek movements to control his world. His artificial voice became familiar to almost every human being on the planet. Thomas now has a chance to influence the world around him too.
Stephen Hawking overcome what life threw at him and discovered that Black Holes are not entirely black amongst other things. The settlement we achieved has transformed Thomas’ life and that of his family and given him the chance to make the most of his world. Our work in holding the NHS to account is not a drain on NHS funds as portrayed. Bringing an action provides an opportunity for questions to be answered and lessons to be learnt so that mistakes are not repeated. That should in the long run save the NHS money. Furthermore, for families like Thomas’, financial recompense can turn even the darkest of situations into a cause for hope.