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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A Dr I work for feels he has been unfairly discriminated against,

Resolved Question:

A Dr I work for feels he has been unfairly discriminated against, a case went against him
resulting in him having to pay £4,000.00 per month insurance, this insurance is not
a comprensive cover at that, there were circumstances in this case whereby he feels
he has been treated unfairly, are there any avenues whereby he can appeal this decision.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Could you explain the situation a little more please?
Customer:

A patient presented with stomach pain, not overly concerned about

Customer:

it, subsequently had two more visits over a few weeks, saw salaried g.p.

Customer:

later on he was taken to hospital with a burst ulcer, he was

Customer:

admitted to hospital, bear in mind the Dr's are under instruction not

Customer:

to refer to consultants unless absolutely necessary, this patient

Customer:

didn't seem overly concerned re his stomach pains, he didn't press the

Customer:

dr's for other treatment other than what he was being prescribed

Customer:

he was successfully treated in hospital and had more appointments with this hospital

Customer:

re this episode and other health isseus as well, some appointments

Customer:

at this hospital he didn'e even bother to attend, the patient

Customer:

himself did not bring the case against the Dr his son did, the family are of

Customer:

the middle east a Mr Shah. As the patient made a good recovery

Customer:

and the hospital was also involved, the case took 2 years

Customer:

they were awarded £200,000

Customer:

Subsequently the Dr now has to pay this exhorbitant sum without really

Customer:

adequate cover, he has been paying this sum for the last two years, he feels

Customer:

this is over and above what he should have to pay, as when presenting to the Dr

Customer:

he did not make much of an issue regading his stomach pains

Customer:

he gave no indication he felt it was serious

Customer:

you to take on this case on hisMy question is not neccesarily for

Customer:

behalf, although it would be nice if u thought you could.

Customer:

His question is is there any avenues he can take to appeal

Customer:

this decision against him

Customer:

I am pressing reply with no response

Alex Watts : When was the finding made please?
Customer:

3 years ago, but he thought over a period of time the

Customer:

insurance would gradually reduce, but this has not been th case

Customer:

he was prepared to py extra for a while but he feels this is far too much for him to

Customer:

have to continue paying, after all having seen thousands of patients over the years

Customer:

the punishment far out weighs the crime, it will effectively

Customer:

end his career, over just one patient that recoverd and was quite well afterwards

Customer:

which could be argued he was not altogether to blame

Alex Watts : Did he not have a right to appeal then? Was this by the professional body?
Customer:

It didn't occur to him at the time to appeal, he thought the insurance

Customer:

premiums would reduce over the years

Customer:

The professional body was the B.M.A.

Customer:

British Medical Association.

Customer:

To me this seems a very harsh judgment against a man

Customer:

that has devoted his life to caring for people

Customer:

his medical knowledge is very sound

Customer:

who do you know, come to that who does anybody know

Customer:

that goes to work 5 days a week throughout their

Customer:

life and never ever even makes a mistake, or in this case

Customer:

more of an oversight, if he is unable to appeal,we think this sort of thing

Customer:

should be investigated, there should be different levels of judgment

Customer:

it is inhuman not to allow some leeway in cases such as this

Customer:

lets face it , even a murderer gets a chance to appeal.

Customer:

k.r. Irene Baber

Alex Watts :

Why has he waited 3 years before seeking to appeal?

Customer:

he is not sure if he can appeal, this is what I am asking YOU

Customer:

for, what avenues should he take to be able to appealthis decision

Customer:

because of the continuing insurance costs, he was not aware

Customer:

ythis would continue in this vein, it has taken three years for it

Customer:

to sink in, you must be aware this is a situation he is not familiar with, the

Customer:

question is HOW TO ADDRESS it, not only for himself, but any other

Customer:

g.p. put in this position, surely they should have the right to challenge these decisions

Customer:

their credibility should be taken into account

Alex Watts : Yes but I need to know why he waited 3 years before seeking advice as to whether or not he can appeal?
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
I am told you can not see chat. I asked

Why did he wait 3 years before seeing if he could appeal.?

Customer: replied 3 years ago.

He has been to various solicitors that are unwilling to take his case. So my question is, are there any other avenues whereby he can appeal? They're unwilling to take the case because of the BMA ruling.

Expert:  Ash replied 3 years ago.
The answer is no.

Sadly this is because he would have been given a limited time to appeal the decision normally 28 days.

However because he is now 3 years on - he is too late.

Even if he were to get permission to appeal, which is unlikely he would need to explain the 3 year delay.

Because Solicitors were unwilling to take it on may explain some delay but not 3 years.

I am sorry to say time is against him.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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Customer: replied 3 years ago.

Thankyou for your comprehensive explanation, I would like to as ask if there are any other avenues he could take to try to overturn this


situation

Expert:  Ash replied 3 years ago.
Sadly not - he has simply waited too long and is now out of time.

Do you need any more information?

Alex

Customer: replied 3 years ago.


No I don't think there is anymore to say, but thankyou anyway