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A patient presented with stomach pain, not overly concerned about
it, subsequently had two more visits over a few weeks, saw salaried g.p.
later on he was taken to hospital with a burst ulcer, he was
admitted to hospital, bear in mind the Dr's are under instruction not
to refer to consultants unless absolutely necessary, this patient
didn't seem overly concerned re his stomach pains, he didn't press the
dr's for other treatment other than what he was being prescribed
he was successfully treated in hospital and had more appointments with this hospital
re this episode and other health isseus as well, some appointments
at this hospital he didn'e even bother to attend, the patient
himself did not bring the case against the Dr his son did, the family are of
the middle east a Mr Shah. As the patient made a good recovery
and the hospital was also involved, the case took 2 years
they were awarded £200,000
Subsequently the Dr now has to pay this exhorbitant sum without really
adequate cover, he has been paying this sum for the last two years, he feels
this is over and above what he should have to pay, as when presenting to the Dr
he did not make much of an issue regading his stomach pains
he gave no indication he felt it was serious
you to take on this case on hisMy question is not neccesarily for
behalf, although it would be nice if u thought you could.
His question is is there any avenues he can take to appeal
this decision against him
I am pressing reply with no response
3 years ago, but he thought over a period of time the
insurance would gradually reduce, but this has not been th case
he was prepared to py extra for a while but he feels this is far too much for him to
have to continue paying, after all having seen thousands of patients over the years
the punishment far out weighs the crime, it will effectively
end his career, over just one patient that recoverd and was quite well afterwards
which could be argued he was not altogether to blame
It didn't occur to him at the time to appeal, he thought the insurance
premiums would reduce over the years
The professional body was the B.M.A.
British Medical Association.
To me this seems a very harsh judgment against a man
that has devoted his life to caring for people
his medical knowledge is very sound
who do you know, come to that who does anybody know
that goes to work 5 days a week throughout their
life and never ever even makes a mistake, or in this case
more of an oversight, if he is unable to appeal,we think this sort of thing
should be investigated, there should be different levels of judgment
it is inhuman not to allow some leeway in cases such as this
lets face it , even a murderer gets a chance to appeal.
k.r. Irene Baber
Why has he waited 3 years before seeking to appeal?
he is not sure if he can appeal, this is what I am asking YOU
for, what avenues should he take to be able to appealthis decision
because of the continuing insurance costs, he was not aware
ythis would continue in this vein, it has taken three years for it
to sink in, you must be aware this is a situation he is not familiar with, the
question is HOW TO ADDRESS it, not only for himself, but any other
g.p. put in this position, surely they should have the right to challenge these decisions
their credibility should be taken into account
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.
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
No I don't think there is anymore to say, but thankyou anyway