CAMHS Compensation Scheme
Government announces a Compensation Scheme for those injured while in the care of South Kerry CAMHS. The scheme will provide compensation and clinical support for those identified through the Maskey Report.
CAMHS Compensation Scheme Details
1. How do I make an application to the compensation scheme?
Although the compensation scheme is termed ‘non-adversarial,’ it is advisable to obtain legal advice and assistance to ensure that you/your rights are protected adequately. This is best done by seeking assistance from those familiar with all aspects of the scheme. At Coleman Legal LLP, we have been representing many victims locally in Kerry and continue to represent new families. Coleman Legal LLP will be pleased to advise you and make an application to the scheme and for compensation generally on your behalf.
2. Do I need to pay any legal fees?
No, as part of the terms of the compensation scheme, all legal costs and outlays will be met by the state. All compensation awards are paid solely and in full for either your or your child’s benefit.
3. How do I know if either I or my child is entitled to benefit from the compensation scheme?
If you have been notified By the HSE that either you are your child have been identified through the Maskey Report as having suffered harm, You are eligible To apply to the compensation scheme for redress.
4. What period does the compensation scheme cover?
At present, if either you or your child have been attending South Kerry CAMHS between July 2016 and April 2021, you may be able to make an application for redress.
5. If I have received communication from the HSE that my child or myself have not been adversely affected but I disagree with that finding, what steps can I take?
First and foremost you need to seek legal advice from somebody familiar with both the workings of South Kerry CAMHS, mental health guidelines, and the compensation scheme in order to independently assess your rights. No charge will be made for such an assessment.
6. How will I know if an offer of compensation in my/ my Child’s case is sufficient?
At Coleman Legal LLP, our team has expertise in valuing medical negligence compensation claims. Together with the team of barristers, we are advising the most affected patients of South Kerry CAMHS.
7. f I am dissatisfied with any offer of compensation made to either myself or my child, can I appeal the same?
At any stage prior to a final award by way of appeal, should you be dissatisfied with the same, you may withdraw from the process. There will be no charge for such withdrawal. You will then be free to pursue a civil action on behalf of either yourself or your child in the High Court. Our advice will be to participate in the compensation process and should you be dissatisfied with any offer made we will advise you as to your options in relation to next steps.
8. Will I need to go to court at any stage?
If your child is under 18 at the time of the award of compensation, it will be necessary for a High Court judge to rule that the compensation amount is fair and reasonable in all of your Child’s circumstances. This is a standard right available for all minors/ under eighteens and is a safety mechanism to ensure fairness and probity for young people.
9. How long will the process take?
At this point, this scheme has just been announced and it is difficult to give an accurate idea of how long it will take for each family to be compensated. At Coleman Legal, we have been gathering families’ medical notes for many months now and are in a position to brief experts in order to have expert opinions be provided in individual cases. It is only with the benefit of such expert opinion that the matter can move forward to assessment of compensation.
At Coleman Legal LLP, we will be happy to commence the process of taking detailed instructions in relation to the effects of the over medication, collect all relevant medical records And process the compensation application on you /your Child’s behalf.
10. Will there be a fee charged to me at the end of the process?
No, all legal costs and disbursements in this matter will be missed by the state as part of the compensation scheme.
11. If I do not live in Kerry and neither I nor my child attended Kerry CAMHS, but I do believe that I/ my child have been adversely affected by attending CAMHS elsewhere, can I seek compensation?
At present, the compensation scheme only extends to those people who were referred to in the Maskey report. However, if you are a loved one who finds themselves in the same circumstances as pertained in South Kerry we will be happy to advise you in relation to the same. We will not charge any fee to assist you in this regard.
12. What do I do next?
If you are not already a client of Coleman Legal LLP, please fill out the request a callback form on our website and one of the team will contact you to take instructions and to commence the process of obtaining compensation for you. We will guide you through every step in a professional, discreet and caring manner.
We understand that the HSE has now put an investigation team in place to review the files of all children & young adults that were treated by a non-consultant hospital doctor since 2016. The HSE team has carried out a preliminary review of a small number of patients’ files and has informed the parents of the affected families, of their concerns regarding the treatment afforded to their children.
The newly assembled HSE team must now review the records of the children and young adults who attended Child and Adolescent Mental Health Services (CAMHS). It is believed that the doctor treating the children had previously treated adult patients and may have operated outside the scope of prescribing guidelines for children.
Coleman Legal believes that approx. 100 of the children’s records were selected for random review with numerous alarming practice errors discovered to date. There are undoubtedly concerns as to what this review may divulge, considering the worrying results of the initial random testing carried out.
Furthermore, we understand that children that attended CAMHS and were from the North Kerry region had access to a Senior CAMHS Consultant. However, this option was not provided for patients in the South Kerry region.
At Coleman Legal LLP, we have a team of highly qualified lawyers and legal executives with extensive experience in medical misdiagnosis, inappropriate prescribing, medication mismanagement, and deficiency. We are available to speak to the parents of the affected children in addition to patients who are now 18 years of age or older that may have been impacted by the negligence on the part of the HSE.
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84 Talbot Street, Dublin 1
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