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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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Can I sue a doctor for misrepresentation?He was working for

Customer Question

Can I sue a doctor for misrepresentation?He was working for ATOS and carried out a WCA he totaly disregarded my condition and seemed to have his own agenda!I recived a letter from the DWP and I had scored 0 points and needed to score a minimum of 15 to keep benifit. I appealed this to the DWP disision maker with a copy of an earlier medical carried out by atos for the Service Personnel And Veterans Agency this was dissregarded and went to Tribunal at which it was found in my faviour and I scored 21 points.This was however a hollow victory as because of the doctor who carried out the WCA(Flawed) I have been placed in the work related group and now lost benifit after 12 months
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I am sorry but this isn't misrepresentation. Misrepresentation relates only to the law of contract and it applies where somebody said something untrue or misleading upon which a person relies when agreeing to contract.

You could always consider an action in negligence but your difficulty there is that your only loss is financial which isn't a head of compensation in the Uk.

You can complain to the GMC if you think he was negligent.

Also, if the DWP are wrong then you should get a back payment depending on the type of benefit that you receive.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I belive that this Dr commited Fraud by misrepresentation (Fraud Act 2006)

Expert:  Jo C. replied 3 years ago.
I'm afraid I don't agree.

He didn't gain anything and anyway this will not have been dishonest
Customer: replied 3 years ago.

in response to your reply!He gained a fee for his services which incorrectly reflected my medical condition. So he did gain and is dishonest

Expert:  Jo C. replied 3 years ago.
That is not dishonest I'm afraid and his gain was legitimate as he was paid for a service.