The medical negligence case of Deborah Mackay recently made headline news. Here, we discuss what we hope to achieve for Deborah in the ongoing negotiations.
Background of the case
Deborah Mackay approached Tees Law at the age of 25 following the birth of her son, Calum Mackay. Calum was born with severe spina bifida, hydrocephalus, fetal valproate syndrome, and talipes. Due to these conditions, he was severely developmentally delayed, had profound learning difficulties, and suffered from seizures.
It was unlikely that Calum would ever have been able to receive a mainstream education or obtain future employment. Experts agreed that he would be permanently dependent on a wheelchair and require 24-hour care, as well as specially adapted accommodation. However, his life expectancy was close to normal.
Despite these challenges, Deborah was a devoted mother who did everything possible to care for Calum.
Admission of negligence
Bedfordshire Hospital NHS Trust admitted that Calum’s spina bifida could and should have been identified during antenatal ultrasound scans. The hospital also accepted that had the diagnosis been made at that time, Mrs. Mackay would have been offered – and would have chosen – to terminate the pregnancy.
Legal proceedings and interim payments
Tees Law argued that the Defendant should be responsible for the additional costs associated with raising Calum due to all his disabilities. A full trial was scheduled for 2013, with the expectation of securing several million pounds in compensation.
Between 2009 and 2011, we secured interim payments totaling approximately £705,000 for Deborah. She invested £450,000 in a property in Clapham, Bedfordshire, which was adapted for Calum’s needs. The remaining funds allowed her to establish a care regime and purchase essential aids and appliances.
Calum’s unexpected passing and the financial repercussions
Tragically, in November 2011, Calum unexpectedly passed away at the age of six. Following his death, the claim was finally valued in July 2012 at £330,000. This meant that Mrs. Mackay was required to repay £375,000 within a year—a deadline set by Bedfordshire Hospital NHS Trust.
Ongoing negotiations to protect Deborah’s home
We are currently negotiating with the legal representatives of Bedford NHS Trust to ensure the best possible outcome for Deborah. While she accepts that the money must be repaid, the immediate threat of losing her home remains a pressing concern. Our primary goal is to alleviate this pressure.
The defendant has now agreed, in recent days, to take no further steps to enforce the sale of the property until at least October of this year. Additionally, we are working to ensure that the property is sold at a fair market value, rather than at a reduced price to merely satisfy the amount due to the Trust.
Legal and ethical considerations
Deborah’s lawyer commented:
“The situation Deborah is in is highly unusual. The Defendant is entitled to seek reimbursement, and Deborah acknowledges this. However, the hospital trust had initially expected to pay out several million pounds in compensation due to its negligence. Because of Calum’s tragic death, their liability has been significantly reduced. In a way, Calum’s passing has resulted in a financial windfall for the Trust.
One would hope that the Trust will now approach this matter with extreme sensitivity, given that we are dealing with a vulnerable individual facing immense hardship. Our aim is to ensure that Deborah is not left homeless as a result of repaying her liability to the NHS Trust.”
Mrs. Mackay expressed her appreciation, stating:
“Tees could not have done more. The firm gave honest, professional advice, which I felt able to accept. I am very happy with how Tees dealt with all issues.”
Free, confidential advice on medical negligence
If you have been affected by medical negligence, Tees Law offers free, confidential advice to help you understand your legal options.
