A mother must pay back the compensation she was given to help care for her disabled son, who has since died.

Eight years ago, doctors failed to notice that Deborah Mackay’s unborn son Calum had spina bifida. When the negligence was discovered, she pursued a claim and was awarded £705,000. This was intended to cover the cost of his care until he was 10 years old.

Tragically, Calum died of organ failure two years ago. He was just six years of age. Now the NHS Litigation Authority have told Deborah to return £375,000, stating she should no longer have the money now her disabled son has died.

Ms Mackay, who lives in Clapham, near Bedford, said she had “learned to accept” the decision, but is concerned she could be left without a home.

“I understand why I have to give the money back” she said. “It’s just that I could have no home to go to. Because the house isn’t selling I could end up homeless.”

When asked about their resolution to recall the money, the NHS Litigation Authority said it had a “responsibility to manage the public purse.”

Has your family been affected by medical negligence?

If your family has been affected by medical negligence in the same way Ms Mackay’s was, please do not suffer in silence. If you or your loved one has been harmed because of medical incompetence, you deserve to be compensated for the damage this has caused – physically, emotionally and financially.

To find out more, please get in touch with the friendly team at Glynns Solicitors.

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