My mother's fall. Is she entitled to claim Continuing Care, which is free?

Sorry - so is she home now? And who is providing the care currently, her council or an agency direct?

I doubt it, Melody. Continuing care is paid for by the NHS, which is why you don't have to pay for it. If a person is sent home with, e.g., terminal cancer or something like that, and requires a full package of care exclusively because of a medical condition, then you might get past the hurdles. But with the history you describe your mother needs help because she is frail and elderly, and in addition has a number of health related issues.

I know this is not satisfactory, and I know the distinctions are false (or at least minutely nice), but if you think your mother's being hard done by then you should meet some of the spouses and children of people with galloping dementia who also cannot get continuing care. If Alzheimer's Disease isn't a medical condition I don't know what is - but you won't get continuing care if you live at home with it.

I don't know who told you that the bleed on the brain was definitely caused by the fall, and not the other way about - not because I challenge the fact but because I for one am not aware of any way of knowing, unless she happened to fall immediately on exiting a CT scanner.

I am also a little concerned that you too seem to be getting (you are NOT alone in this!) confused about the six weeks' respite/rehab and NHS provision.

NHS treatment remains free at the point of delivery for as long as it is required. The magic six week period is a comparatively new development as people transition from the NHS to whichever body governs social care in their area - usually their county or borough council, or unitary authority. People used to sit in hospital until ready for discharge, and since they weren't safe to discharge they sat there forever becoming increasingly disabled *by their hospitalisation* and blocking beds. Now they're transferred to community hospitals for therapy and rehab, or to intermediate centres, or home with a service like ours which combines social care with physio and occupational therapy to support reablement; and those rehab oriented services are usually provided for *up to* six weeks. We're not NHS, but a lot of people think we are and it's true that some of our funding does come from the local NHS Trust - let's not get into service funding, we'll vanish in the maze and never be seen again.

Anyway the short answer to your actual question is "almost certainly, no." Has someone been out to help her with the financial assessment? I assume she's over the threshold, is she?

Here is your original post

https://www.agingcare.com/questions/is-my-mother-entitled-to-continuing-health-care-via-the-authorities-466049.htm

Surprised that Country Mouse has not responded. She is from the UK and can probably answer your question. Its almost 5pm there and she works. Hopefully she will get on later.

I have sent Countrymouse a message.

I doubt that very much but have no idea how laws work in the UK. In the United states it is expected and accepted that accidental falls DO in fact occur. There needs to be certain preventative actions taken, if a senior is unsteady at all (and of course they all are due to deterioration of balance) to make certain there are not slidey rugs, barriers that are unsafe and etc. But given that the normal precautions are taken, there is no accounting for a Seniors falling. And fall they do. For any number of reasons. As I said, balance, frailty of limbs, uncertain gait, confusion, lowering of blood pressure when orthostatic positional changes are made. Falls, are in fact a fact of life.
Now you say this fall and BLEED were linked. That means the senior hit her head. Normally in the USA any head injury means transport to hospital for CT scan. If your institution failed to do this, that would be of concern. Especially if neurological changes began to occur and there was STILL no transit.
However, if there was a fall, that is considered not unusual with age and in care. If there was a bleed, then there was a fall that involved hitting the head. If the senior was transported for scan, then that was well done, as well. So that the care center did all it could and should have.
In the united states, no, there would be no winning in court, and there would be no free care. As I said, I am wholly unfamiliar with the way in which things work in the UK, but here falls are almost the norm, whether in home, out of home, or in care. Given aging they WILL occur. I am 79 this year. I am more and more aware that I WILL at some point fall. I take precautions to watch my step, to arise slowly, to use banisters. Still, I WILL fall. And I am also aware that at my age there WILL now be repercussions when I do fall. I am no longer 17 where a fall is just a joke among mates. A fall could certainly be serious and concerning. So as I said, "normal".
You have so far said, in none of your messages, anything that makes me believe that a care center was at fault by reason of culpability/blame, for either the fall or for the resulting injury. Also, do know that if the senior was on any blood thinners at all, even a daily baby aspirin, the chances of a bleed go up exponentially.
There is no reason you cannot consult a Lawyer in your area familiar with elder law issues. I have the feeling you will be told much the same thing, but certainly I could be dead wrong.

Melody,

You made it! We can see your post. Welcome.

So sorry about your mom’s fall.

I hope things work out for you.

Stick around for responses to your post.