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Case Study - Injury whilst at respite care

Marie was aged sixty when she sustained an injury whilst at respite care at a facility operated by the Department of Aged, Disability and Home Care. 

The injury lead to the need for medical treatment. 

Marie has lived all of her life with her mother Yvonne.  Marie has been diagnosed with an intellectual disability arising from the deletion of Chromosome 1p 36. 

Yvonne is aged eighty five and has taken care of her intellectually disabled daughter for all of her life. 

The family tried to negotiate a payment of medical expenses with DADHC for Marie’s knee replacement but ultimately were unsuccessful and approached Bell Lawyers for assistance.  

An application was successful for DADHC to pay for the hospital and associated costs of the knee replacement.  Funding was refused by DADHC for other services including post surgical rehabilitation, physiotherapy costs and the cost of provision of transport to allow Yvonne, the mother, to visit her daughter in the Westmead Private Hospital Rehabilitation facility. 

All these costs were paid by Bell Lawyers to allow Yvonne to be with her daughter throughout the rehabilitation process but also having the flexibility of returning home each evening.

When settlement of the claim was achieved, Bell Lawyers assisted the family in making an application for a financial management order with the Guardianship Tribunal. 

In consultation with the Guardianship Board, the family and Bell Lawyers, it was agreed a joint order would be made involving the NSW Trustee & Guardian.  

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