04 January 2013
Mother appeals for clinical negligence law changes
A British mother is campaigning for laws in New Zealand to be reformed so her teenage daughter can be granted clinical negligence compensation for her disability.
Paige Carpenter suffered perinatal hypoxia, a twisted spine and cerebral palsy when she was born in New Zealand 14 years ago, meaning she has been left severely and permanently brain damaged, the Daily Mail reports.
Despite the fact that legal action brought by her mother Donna on the grounds of medical negligence was successful, the weekly instalments of damages to Paige were stopped by the Australasian country's authorities when Ms Carpenter moved back to the UK in June 2010.
However, after studying the nation's legislation, Ms Carpenter established that as long as her daughter visits New Zealand for a minimum of 24 hours every month, she still qualifies for compensation of £1,000 per week.
Therefore, Paige has now had to endure 11 round trips of 23,000 miles back to her country of birth from her home in Essex just so she can receive the damages she is entitled to.
Speaking to the news source, Ms Carpenter explained that the legal loophole enables her and her husband Stephen Barnett to accompany her daughter to New Zealand and simply stay there for one night in an airport hotel before then returning to the UK.
It can take up to 40 hours to get to New Zealand and the mother revealed that although most of Paige's money is being used up on travel expenses, she intends to continue making journeys to the other side of the world in order to raise awareness in the hope this will get the authorities to make an exception to their compensation rules.
"Paige did not ask for this life and all this is about is giving her the care she so desperately needs … I don't know how long we are going to be able to carry on doing the trips - they are soul destroying. I am in tears every time we get onto the plane," she added.
Contact our clinical negligence solicitors on 0800 916 9049 or email email@example.com if you would like advice on any medical negligence matter
Posted by Trusha Vyas