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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I had a clinical negligence claim in the courts. I was not

Customer Question

I had a clinical negligence claim in the courts. I was not able to work (I am medically qualified) and developed disabilities when I was given psychiatric medications. I developed sleep disturbance, headaches, visual disturbance,muscle pains, sever anxiety, mood swings and gastrointestinal symptoms. As I was not able to tolerate the side effects I stopped taking psychiatric medication and was not involvement with psychiatric service after that. I continued to have above symptoms and did not get any help from the GPs regarding those symptoms. My date of knowledge was 9th January 2009.The new GP told me that she could not find any Consultant Psychiatrist's notes or a date of giving me any psychiatric diagnosis in my GP medical records. I have a thyroid problem which is a genetic condition in my family. The GP without sending me to a Hospital Physician to correct the thyroid problem sent me to a psychiatrist. I was not seen by a Physician and Psychiatrists gave me psychiatric medications. When I developed complications I was seen by a Neurology team. The Neurologist referred me to the Neuropsychologist. The Neuropsychologist gave me a Neuropsychological diagnosis of Dyscalculia at that time.I also developed a visual field defect. I was not told by any doctor or a GP about Dyscalculia or about visual felid defect I developed. In May 2012 I was seen by the Hospital Consultant Physician.The Hospital Consultant mentioned about my problems in speech, reading, calculation and weakness in my hand. He mentioned about the psychiatric medication given to me in past and about Neurologist and Neuropsychologist who saw me. In January 2013 I got help from Quality Advisory Support Service to how to write a letter to my GP asking he to give an explanation for not referring me to the Neuropsychologist.GP refused further Neuropsychological Assessments, even the hospital Neuropsychologist asked GP to do the referral. After my letter to the GP she referred me to the Community Brain Injury Tram at the Brain Injury Hospital. I had my Neuropsychological Assessment Report dated 20/06/13.Now I get the home visits by the Rehabilitation team.In September/October 2011, a solicitor applied for Community Legal Funding and got legal funding to do my case. In December 2011 I signed forms of Authority to get medical records from hospitals and GPs.In latter part of 2011,solicitor looked for a psychiatrist to prepare a report to the courts. In April 2012 the solicitor sent my medical records to the Psychiatrist to prepare the report. The Service of Particulars of Claim was postponed to October 2013 and had a hearing on 9 August 2013,I did not go for hearing as my solicitor said I need not come for that.
The psychiatrist's report on 01.07.13.It did not support my claim at all. In the Addendum the Solicitor said,if my claim could be established, I would have a potentially very significant claim for special damages as a result of being unable to practice as a doctor. Solicitor's letter dated 11 July 2013 to psychiatrist pointing out incorrect/mistakes in the report and waiting for a reply until to date.Solicitor informed me defendant a GP, offered money to settlement. I was ask to reject offer as I am in receipt of legal funding certificate. In my letter,24th July 2013,to the solicitor I informed the solicitor that even in future I would be rejecting any money offers form defendants as I am receipt of public funding. I also developed anxiety and panic attacks as a consequence to admission to the psychiatric ward. The experiences I had with psychiatric services affected both me and my husband. My solicitor informed me a counsel represented me at the hearing on 9th August 2013.Today the solicitor told me the name of counsel who represented me on 9th and told me that he did not go for the hearing as he was on leave on 9th. The Solicitor sent me only one sheet-the Form of Judgement or Order Date 14 August 2013."Upon hearing Counsel for the Claimant, Counsel for the 1st Defendant, Counsel for the 3rd Defendant, Counsel for the 4th defendant and the 2nd and 5th defendant not attending". Ordered that 1.Claimant's application dated 17 April dismissed.2.The claim do stand struck out in default of service of particulars of claim.3.There be an assessment of the claimants publicity funded cost.4.Claimant do pay Defendants costs not to be enforced save after assessment of the Claimant's means under the Access to Justice Act 1999.My husband get the guaranteed pension credit including myself as a couple.Solicitor informed me I could appeal on private basis and before 30th.We do not have money to do that.I am thankful if any solicitor could help me to appeal. Solicitor said in the letter dated 19th August, it was struck out as courts were not prepared to grant any time to seek supportive medical evidence. Delay was GP's.I did not get medical help until I got help from Quality and Advisory Support Service. K.D.R.A [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : What is your question of me about this please?

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