This might help: http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_rcd#IDAZL2HC

The Ombudsman doesn't have to give any sort of ruling at all. There is harm in consulting a lawyer at this stage.

That's exactly what not to do - very bad advice.

Hi, Before you resubmit your complaint you need to get the medical records. I don't think the Data Protection Act applies to the data of deceased persons so a SAR would just be returned to you. I would apply for the records as quietly as posssible to the medical records officer at the hospitals concerned under the Access to Health Records Act. (I think this is right but will check later today when I have more time). Hold back on resubmitting your complaint until you have the records because you don't want to ask questions in the future that you don't already have the answer to. Just checked: Access to deceased persons medical records is governed by the Access to Health Records Act 1990.

Very sorry for your loss. I agree with Sali in that you should forget about PALS as they work for the hospital, the first thing you should do is apply for copies of the medical records/xrays and covertly record all meetings/telephone conversations (such recordings are totally legal and admissable as evidence). Xrays should be digital, provided on a CD and cost about £10. Again, very sorry for your loss.

I am continuing the battle. I didn't bother complaining - it would have been something else to get frustrated about. AvMA? It seems they live in a perfect world where medical records don't go missing, aren't forged and those who have made mistakes don't lie to cover their arses. I don't have issues with AvMA as such I just wish they would accept that the organisation is not what it used to be. Now it's just a toothless tiger.

I am. Proceedings are ongoing despite the court being in denial and the HA's solicitors being rude and arrogant. The whole situation exists because a judge decided to 'reserve' my case to himself to help his surgeon pal out who was a Defendant.

I second Sali's wise words. Personally I wouldn't bother with AvMA. They seem to have lost their way over the past few years. They used to be called 'Action for Victims of Medical Accidents', now they're 'Action against Medical Medical Accidents'. Gone is the 'for Victims'!! Even once you have managed to overcome the closed door policy of the legal depts of the medical profession you have the judicial system to contend with. See: Hot under the collar over ruling - The Star

A little advice for anyone about to embark on a med neg claim or already going through the process: Keep a close eye on your solicitor! I have recently had it confirmed that the solicitor who was acting for 'me' paved the way (without my knowledge, instruction or consent) for a local judge who was, and still is, a good friend of the surgeon on trial to hear the case. The solicitor actually specifically requested this judge! I managed to uncover this despite the same judge instructing the staff at the Court not to correspond with me. No wonder the judge accepted whatever nonsense the defendant's witnesses said - he even let one witness read from a list of answers to anticipated questions whilst in the witness box. 'Hired Guns' in the Crosshairs

"Actually any compensation comes from the Trust's insurers - the Clinical Negligence Scheme for Trusts - all trusts have this insurance to cover them and pay a yearly premium based on performance scores etc." Actually, the compensation comes from the coffers of the NHS Litigation Authority who run the CNST, ELS etc. According to top med neg barrister Charles J Lewis the NHS LA uses 'hired guns' ie. experts who 'write to order' as expert witnesses to defend claims - even the 'genuine clinical negligence cases' Poppynurse refers to.

Orfoster, I would make a 'Subject Access Request' under section 7 of the Data Protection Act 1998. My telephone number is 01142 508353 or 07866 498977 if you would like to call me for a chat about getting ALL the medical records. Cheers Paul

Hi Veester, I would be very interested in learning more about 'OCTAVE'. If you could point me in the right direction I would be very grateful. With regard to my med neg claim my solicitor recently put in his report: "It is hard to believe that the Health Authorities evidence was anything other than intentionally misleading". To cut a long story short the HA's experts conspired to pervert the course of justice when they invented a medical condition on the spur of the moment in the High Court to defend my claim. We will be, hopefully, having a conference with my barrister later this month to decide how best to proceed. Good look with your mothers case. Regards Paul email: [email protected]

Hi Christie, Sorry to hear about your husband. I heard the same story several years ago about 7 days of 24 hr nursing records being written in the same hand. The 'nurse' must have worked non stop for a week! Kennythecelt and poppynurse may not have experienced such shenanigens and hopefully wont have to endure such.

Lost NHS records. How unusual:rolleyes:

Hi Poppynurse & Kenny, Unfortunately patients embarking on a claim for medical negligence assume the system is fair. Wrong! The NHS Litigation Authority claim to 'defend unjust claims robustly' and 'settle justified claims quickly and effectively'. Wrong! Anybody embarking on a med neg claim should be aware that once a potential claim is identified medical records will disappear and original x-rays/scans will mysteriously vanish. The records will reappear, eventually, having been re-written to suit the Defendant's intended defence. This is known as RCOP - 'retrospective clerking of patient'. So , 'consumers' should be aware - fore warned is fore armed!