The Carers' Association has hailed as a landmark decision the High Court declaration that the Northern Area Health Board failed to provide adequate services to a brain-damaged man. The court also said the man could seek damages through a person acting on his behalf.
Mr Eddie Collins-Hughes, chief executive of the Carers' Association, said the judgment seemed to place a very clear responsibility on health boards to provide the services. The board said it was reviewing the judgment.
The court heard that the cost of nursing and other care being provided in the man's home was €952 a week and was beyond the means of his family.
The health board told the family the man could go into a nursing home if all his resources were used up and that it would pay €159 a week towards this. However, the man's sister said a nursing home would cost at least €571 a week.
The health board later offered to provide 35 hours of care a week at the man's home, but the woman rejected this on the basis that the man needed round-the-clock care.
Mr Justice Finnegan said the health board was obliged under legislation to provide out-patient services without charge to people with full eligibility, and this man was such a person ( "full eligibility" usually refers to medical-card holders).
The services provided by the health board "were neither adequate nor appropriate nor reasonable".