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Everything posted by jamesbond

  1. thankyou stu i will take a long look over this and see if i can use any parts in my case. i am still feeling that my best appproach to this is to go for professional misconduct but i am still having problems gleaning letters from my vets regarding the referral and how we discussed it in length as to whom should undertake the operation. it all seems rather cloak and dagger with them as one vet will not say anything against another in writing but will and have said things to me personally on the telephone.
  2. thanks hightail, i am in agreement with you on this but these guys are supposed to be the best veterinary eye guys in the est midlands.. i have recived my sars back from both parties but still seem to be missing some paperwork from my own vets of which i am conversing with at the minute to amend this. regarding the referal, the vets whom we were reffered to have said it was a miscommunication error that we were guided to the wrong vet, and they have made amendments to ensure this doesnt happen in the future
  3. in all honesty no i have not..the reason being that they are unable to provide any compensation to me and to be quite frank i have looked at the cases they have found against vets over the past few years and it is miniscule, and mainly for sexualharrassment and such like to staff etc...i can find only one case of them striking off a vet so have little faith in the the body as a whole whih i feel is very outdated and a bit of an old boys school. i may be wrong but that is out it comes across to me. the vets themselves have insurance cover to fight cases against them as i have copies of therereferral to these insurers about this case, so i am up against it anyway.
  4. thankyou hightail for helping me it really is appreciated.. the invoice states entropian h-c/wedge resection bilateral..
  5. thanks to you both for the response..i have done the sars ans will get these out tomorrow...hopefully i have worded them ok.. i will keep you posted on my responses and we can go from there..thanyou everyone for the support and lets go forward on this..
  6. one last thing how do i word the sar for the vets to ensure i get all the dogs results etc
  7. hi dx..thankyou for your response...is there not a claim limit for the small claims as if i add up the cost of surgery , the value of the dog plus my own vets emergency fees this would exceed 4000 pounds..unsure on my limits and if he would be responsible for my emergency vets fees? all help really is appreciated and how do i go about the claim as its all new to me
  8. hi hightail...in response to your question, we spent around two weeks discussing this with our vets and whom was the safest to go within regards to specialised eye care..apparntly the machine used in eye surgery is an absurd price and very few vets only specialists have them and the training needed to use them..so yes he was a specialist eye surgeon, but unfortunately as said he did not do the operation, hence my problems,, i agree with all you say about not being an emergency but please remember he was twelve weeks old and already had one op and we were appliying a moisturiser to his eyes three times a day to keep them protetcted from scarring the cornea and the consultant who looked at him said the sooner the better its done. he didnt like having the moisturiser in so we were more for making him comfortable..on reflection this was a mistake as we should never have had it done on a weekend and would not recommend any dog has surgery on a weeken as the vet cover is minimal and very basic and when problems arise there is no one there of high qualification to assist only via telephone. i will put in sars tomorrow for all paperwork as i have only had papers from my own veterinary..
  9. i feel that malpractice is the easiet way forward as my vet admits to never ever having heard of the vet who did the operation and was not the vet he reffered us too. seems clear cut but unsure of what to claim as listed above, do i go for cost of the operation, cost of the dog, cost of my vets emergency treatemnt or personal hurt?
  10. from cab negligence... If the vet has been negligent Negligence must result in harm, loss, injury or damage of some sort. For example, a vet may fail to prescribe the appropriate course of treatment and, as a result, the animal suffers permanent injury or dies. If you think your vet has been negligent and you want to complain, you will need to decide what outcome you want. For example, you may want: a formal apology a refund free corrective treatment compensation. Claiming compensation If your pet suffers pain, injury, inconvenience or you have extra costs because of negligence, you are entitled to compensation. Before you claim compensation, try and negotiate with your vet first. You may want to get advice about doing this. If this doesn't work, you may want to take legal action. You should get expert legal advice early on. It can be very difficult to prove negligence. Often, it comes down to the personal, professional judgement of your vet about what was the most appropriate treatment in your pet’s case. You may need to get a second opinion. However, another vet might be reluctant to get involved in a complaint against another member of their profession. If they do agree to give a second opinion, they will probably charge for this. Legal action for negligence must be started within three years of the negligence occurring, or of you becoming aware of it.
  11. from cab malpractice Misconduct Professional misconduct includes behaviour such as dishonesty, taking advantage of your age or inexperience, or acting against your instructions. All vets must adhere to the code of professional conduct laid down by the Royal College of Veterinary Surgeons. If you believe your vet has been guilty of professional misconduct, report the matter immediately to the Royal College of Veterinary Surgeons who will investigate.
  12. hi stu007, thanks for your response..when we went to see the reffered vets yes we did sign papers to allow them to do the operation, i am sure this is quite normal and is standard proceedure before any operation to ensure that you will pay their bill.. i have had all the clinical notes back from my vets who took jhim in after the operation for emergency care and it mentions that scar tissue was removed from his osophagus and the size of it and that he appeared to breath much much better after its removal and seamed to start to make a recovery after his first resusscitation, but went into respiratory arrest later on as he had fluid on his lungs etc and died under the emergency nurse care with the vet trying to instruct her how to revive him on the telephone...not the ideal situation at all. i feel that because the referral vet did not undertake the operation as both we and our vets had requested, we were seriously mislead by the referring vets whom undertook this operation not in line with what our refferal had asked for, and this i belive is malpractice. this is also something we have received a response to in writing and an admission to clerical error on the reffering vets part.. now if i was to claim in the small claims that malpractice happened on this point, should i claim for the cost of the operation, cost of the dog, my vets fees or personal hurt due to the resulting death of my dog. or do i claim for the cost of the operation due to malpractice and if i win that try again for the other parts or would this not be allowed
  13. thanks for the response hightail, yes i agree with all these breeds there is a a risk for any operation..whether he would have recovered under different circumstances neither you or i are able to tell. all i can say is that with a veterinary with many more years of specialist practise under his belt i feel the odds would have improved greatly, hence our request to our vets to refer us to someone with this experience and someone whom our vets know of and have placed their trust in him also having referred to him beforehand and knowledge of his experience and talents... we must also remember our vets had previously anethetised this dog with no problems hence our vets surprise at our dogs demise and the recording of the scar tissue removed from his osophagus during the attempt to revive him prior to his death which has all been recorded... we must also take on board that we had paid our vets to refer us to this particular specialist after lots of discussion on whom would be best suited to do this operation and do it successfully knowing he was a bulldog and having the required knowledge for operating on these type of dogs. There are many choices of vets out there who would perform this minor operation ,costs varied from several hundred pounds to the most expensive which we chose as we went the extra mile to be pointed to the one most suited to do the job through experience , not cost to undertake this operation, The referral failed miserably and our dog was operated on by a team whom we had not requested to do the operation and we now feel that in our opinion they were not experienced enough on bulldogs to meet our guidelines, plus we feel very mislead by this company for not carrying the referral out to our vets and our instructions. we need to understand we had never been to this vets before and were only there upon our vets advice and did not have a clue what the reffered surgeon looked like or who his team were, little did we know that the vet we were speaking to was not whom we were reffered to , but someone we believed was part of his preop team. the cost was the same coming out at 1357 pounds for the operation, but i then had the bill from my vets for emergency care after the operation which is just under 800 pounds plus obviously the dogs value which was 2000 pounds...you cannot put a price on the emotional harm both myself my wife and my son and daughter went through on top of this.
  14. hi everyone and thanks for the responses..i had given up hope of getting anywhere with this and am so glad you have supported me as it has given me the strength to go forward again as i had to put a stop on things for a while as it was getting to me emotionally. i have had quite a bit of paperwork through from my own vets and a response letter from the reffering vet saying that the referral that was made to them to see the recommended eye specialist , but was passed to another less senior eye specialist , whom we or our vets had never heard of, was a clerical error and they have made changes to their system to ensure that it does not happen again in the future, but assured me the vet who did the op was competent... as far as i can see, this clerical error as they see it ,is malpractice.... my referral was for a named vet and i didnt get to see that vet.......i can share their response with anyone who can give me some further guidance on how to proceed further..thanks to all and look forward to some help from where ever to enable me to move forward with this.
  15. looks like no one can help me out here ..i am unsure if this is unclear what has happened or not i wish to attempt to to file a negligence claim against this vets ..as i have received some responses from the vetrinaries involved , i feel i have a case on which to act but really i am unsure of the procedure.. ..the original vets billed me 1347 pounds for the operation..the referral was around 34 pounds, my vets have just billed me just under 800 pounds for emergency treatment of my my dog after the operation at the other vets before he died...i have then also lost the market value of my dog which was around 2000 pounds. as the vet i was refferred to by my vet for the operation was known to my vet on a professional level and vouched for his work and experience , the fact that this vet did not undertake the operation, i see as possibly negligent. i paid for a refferal to a vet whom did not do the operation, as the refferral was based on my vets knowledge of the other vets capabilities and experience..is that not grounds for possible malpractice i wonder? . .any help here would be good
  16. thanks honey bee..iv been looking at some pieces on eferral by the rvcs.. Supporting Guidance 1. Referrals and second opinions Links to "supporting guidance" itself - not a subpart thereof Introduction 1.1 Veterinary surgeons should facilitate a client’s request for a referral or second opinion. 1.2 A referral may be for a diagnosis, procedure and/or possible treatment, after which the case is returned to the referring veterinary surgeon, whereas a second opinion is only for the purpose of seeking the views of another veterinary surgeon. Neither a second-opinion veterinary surgeon nor a referral practice should ever seek to take over the case, unless the client chooses to change practices. When to refer 1.3 Veterinary surgeons should recognise when a case or a treatment option is outside their area of competence and be prepared to refer it to a colleague, organisation or institution, whom they are satisfied is competent to carry out the investigations or treatment involved. 1.4 The veterinary surgeon should make a referral appropriate to the case. When considering what is appropriate the veterinary surgeon should consider all relevant factors. These might include the ability and experience of the referral veterinary surgeon, the location of the service, the urgency of treatment and the circumstances of the owner, including the availability and any limitations of insurance. Veterinary surgeons should be prepared to justify their referral decisions and should record the reasons for their decisions. 1.5 In cases where the client does not accept the veterinary surgeon’s advice regarding referral and would instead prefer referral to a colleague, organisation or institution of which the referring veterinary surgeon has insufficient knowledge to determine appropriateness, they may need to advise their client accordingly. In some such cases, the veterinary surgeon may consider that they cannot be party to such a referral relationship. 1.6 The referring veterinary surgeon has a responsibility to ensure that the client is made aware of the level of expertise of appropriate and reasonably available referral veterinary surgeons, for example, whether they are veterinary specialists or advanced practitioners. They must not describe a referral veterinary surgeon as a specialist, or as an advanced practitioner, unless they are on the respective list. 1.7 Both the referring veterinary surgeon and the referral veterinary surgeon have a responsibility to ensure that the client has an understanding of the likely cost arising from the referral. the vet who did the operation has told me to chase my vets about the referral, not that interested , they also refused to give me the veterinary nurses number or the surgeons number as they said the vet was responsible for the nurse, which im not in total agreement with as they all have to be registered. the vet who did the operation told me that the vet nurse put the tube down his neck and he fitted the ballon around his neck to hold it in place.. as my vet discussed referral to a vet who did not do the operation , what was the point of the referral as he did not know the vet or even heard of the vet who carried out the op... surely the idea of a referral is to send me to a vet ho has the ability to undertake an operation and is experienced in doing so, plus the reffering vet should be aware of his skills and capabilities? this clearly wasnt the case in this instance as my vet had never ever heard his name. does that make my referral have any validity, i mean i could of just wombled into any vets and got the same result with out paying a fee? just to note there was no insurance in place on tyson and i had to pay for the op...due to being young and it just happened over night i had to take him to the vet where he was diagnosed ..after that obviously he cannot be insured. my own vet had treated him once by plucking the lashes but told me they could regrow...but to be honest i feel that this made no difference to him but cost me another few hundred quid on top. of course im upset at loosing him but i accept that things still have to be done correctly and i dont feel my wishes have been carried out at all and i cannot accept the way tyson suffered after the op...there are too many what ifs in this case and i fel i owe him an answer and also i want to ensure that no other poor animal has to go through this.
  17. this is the story of my bulldog so far.. my 12 week old bulldog pup went in for entropian eyelash surgery after a refferal from my own vet as we wanted someone he trusted to undertake this operation for us... he came out 5 hours later and went through the most agonising death over the following 48 hours i have ever seen a poor animal suffer.,,, rushed back into my own vet who tried to save him twice over the last 12 hours of his life but he was struggling to breath and tyson fought so hard to stay with us. .im still upset writing this four weeks later. .i was refferred to the eye vets by my own vet to see an eye specialist whom he recommended highly, but the whole lot was done by a vet at the park my own vet had never ever heard of so very disappointed as we were referred here by someone we trusted and respected highly......... £1347 bill from the park later and i lost my beautiful dog tyson who was so energetic and full of life .. he was such a powerful dog the morning of his operation he pulled me up a steep hill he was so so strong and just loved life. R.I.P TYSON 18 march 2018 i paid my vet to refer me to an eye specialist as he had recommended that my bulldog have entropian eyelash surgery to correct in-growing eyelashes. .we discussed the matter on whom he would recommend to undertake the operation as we wanted the best for our dog and a speedy recovery.. we agreed that he should go to a particular vet at a particular surgery and he recommended him fully he took us to his receptionist and instructed her to make an appointment with this particular specialist , which was arranged for 48 hrs later and the receptionist said she would forward an email of his eye condition straight through to them so they could see what diagnosis had been made.. we took our wonderful dog tyson in for his eye op friday morning and we went in to see a vet who we presumed was part of the vets team who we were refferred to, as we had never been in this vets before. ..he said the dog needed this entropian surgery under both eyes and they make too small cuts under the eyelids and take a small melon shape out and sewed up again and he will be right as rain in about two weeks. he said the cost will be around 1350 pounds and they can do it now and get it over with if we agree and we can pick our tyson up this afternoon.. we did. .fatal... .we picked him up and his was happy to see us but a bit drowsy and sounded very hoarse which we were told was due to the anisthetic pipe and would clear.. we paid the bill in full on credit card and took him home to rest... he didnt seem to improve and started coughing a lot and kept holding his head up as though his throat was blocked and breathing hard. .i called our own emergency vets at 8pm and they said keep an eye on him, if he gets worse call back. .i put him in the car at 12 pm and rushed down to our vets and telephoned on the way to make sure the vet got there. .it was snowing bad that night we got to the vets and had to wait as he was stuck in snow in the meantime we tried to give him oxygen with the veterinary nurse. .the vet arrived and as it was weekend he took over from us and told us to go home and get some rest while they xray him and treat him.. he said he had fluid on his lungs and they kept him in an oxygen tent and gave him medication to expel water they said his breathing was not good and didnt know why.. the next day they had to recusitate him as he worsened and they inserted a tube down his airway to open up his windpipe. .he pulled through when they removed the pipe the vet said a 5cm piece of scar tissue was stuck to the outside of the the tube and when that came out he breathed a lot better, a vast improvement so we thought he was going to pull through.. ..sadly at 9 pm that evening he went into cardiac and they could not revive him.. as you can imagine we were extremely upset and still looking for answers they were proving very difficult to comeby as no one would say anything other than apologise for his death. we then asked for reports the following day from the emergency vet so we could at least begin to see what had happened...this has not yet been forthcoming despite the practice owner promising them to us. now my first question is this... .as i was refferred by my vet to the specialist, do i have a case of malpractice against either of them for not undertaking the operation with the specialist we had discussed , if so which vet has alleged malpractice? i have checked on the rcvs website and it appears that this could be malpractice. i must point out here that the vet who did this operation was not the vet we had discussed in the referral ..it was undertaken by a vet whom our vet did not even know of or heard of and was not the vet we had dsicussed being refferred too, hence why i feel it may allegedly be malpractice... please forgive me as it is difficult to explain all this as it is still very emotional and i really do appreciate any help that is forth coming.. all help appreciated with thanks to you all
  18. i take my hat off to you ford, well done...if it works keep telling people to do it as anything that slows them down is good. It was written off as they had done everything they could possibly do to me to get payemt and got no where. i played the game and answered the phone and generally gave them as much trouble as they gave me and i think a couple took it personally to be honest, hence the default. it took them 18 months to default me on a dormant account in question about charges. i received the default notice and section notice after the defaults were applied but was unable to prove that, and the default dates were questionable , but they didnt uphold my complaints on that either. maybe they like to hear from me i dont know, but i will keep corresponding causing them to make more boo boos...they investigate and dont uphold all my complaints but over the years they have upheld a few of them so when i do put them all together to the ombudsman it wont look very good on there part..save the best till last eh!! when you say it has been written off, it came at a dear price, i would have much preferred them to refund the first charge as requested and carried on with banking there. The default hasnt been a problem for me to be honest as i have a pretty good job working for myself and since that have got rid of all debt except my mortgage, so for me it worked out ok, its just that the principal of the whole thing is wrong in that we have people in place to protect us like the ico and fos against the financial gangsters out there , but i feel they are as tainted as the banks, plus they take that long to get to the bottom of anything and they are not impartial in my opinion, this also tends to put people off complaining and lets the banks get away with more. If things had been different and i had needed a loan or a mortgage, then that may have hurt so i dont think any one gets off lightly when they default you, yo may win but pay the price. its just about trying to stop them abusing us in general i suppose thats what keeps me nagging at them, its just very very wrong what they are allowed to do to peoples lives with that credit record.
  19. 86 letters in total, 26 since the debt was written off due to them breaking to many rules and not having any paperwork, and instructing three debt cololecting agents on me at once ..it was insane.. it was a 500 o/d which they spiralled to 1800 quid and then defaulted me. i contested it from day one when it went 3 quid or something over the 500 limit, i brought it back into line and stopped using the account and complained. they just ignored me and kept stacking compounded charges on...totally wrong on all counts. i even asked them to refund the first three charges applied so i could resume using the account as normal as i was getting nowhere.. i got shafted and still am being and i am still complaining..they havent supplied my sar , 4 months now and despite promise after promise nothing. this has been going on for 5 years and its a complete joke..they have no paperwork which they have admitted to at executive complaint level, but they insist they have the right to file the default despite how it was issued. they broke 6 of the icos guidelines on defaulting, the response from them was these are guide lines not the law. i can go on and on and will do as these are terrible people. They sent me 75 quid compo for one error where they laft the default unsatisfied for 5 years, and said it was atrivial matter... id spent more than 75 quid on recorded delivery letters!! lol as for requesting removal of your telephone number , sounds good in practice, but every debt collector they referred on me had it, so not alot of use really.. they are animals..And this was during the charges period and the account was under complaint from me. they believe they are outside the law and when the consumers do get on top of things and turn it around, they go bust...as we have seen. we bail them out and they then start shafting us again, same people different department. i just stand my ground and remember to not take it personal, otherwise they will grind you down, they havent won on this one yet .. they do hang themselves if you keep on, they are abit stupid to be honest.
  20. mobiles are no problem there easy to block numbers on anyway..its landline thats a pain in the ass and the only way out of that is change the number, or answer phone machine .. . i have engaged them with 86 letters in total and still got no where, and i have no outstanding debt ..they are tosse**....executive complaints dept my ass !! its just another muppet saying you are wrong and we are right ...do something about it if you can...we dont really care..... they are horrible people with no morals and i defy any one to tell me different....he who pays the piper calls the tune sadly and when some people have to kiss ass to keep a job they will.. keep complaining to the ico and commisioners and bang them in court when you are on a pretty surefire thing...thats my only advice, keep on arguing the point via email or letter and dont give up..its the only thing that gets to them as they have more work to do.
  21. if you dont make arrangements with credit management they will default you and then try to recover the outstanding debt via door knockers.. if you are not worried about the collecters on the phone etc harrasing you then let them knock, but you will receive a default and a lots of harrassment. if they try and enforce the debt in court, stand your ground and then put them to proof and try your luck that way. it appears that no direction looks pretty from this side, but plenty have done it before and come out the other side including me with trashed credit files, luckily mine have less than a year to run but still a pain in the ass none the less. I would pay the mortgage and put it on the back burner and hope things get better work wise personally and let them sing for it
  22. the problem is i doubt very very much that they would take it to court. They are fully aware that they are on sticky ground as they have no documentation. if you fail to maintain the facility they will with draw it , default you and then let the hounds loose on you until you give in and pay. the fact they hold no documentation is of no concern to them. As for them being reasonable, banks dont do reasonable ! they make money by stuffing you ! the thought of freezing interest is an absolute no no. what the law says and what the bank believe are two different things. They are pretty sure you wont take them to court, as you say yourself " there is nothing to contest" , so what are you trying to acheive? You are aware they hold no paperwork but will it change anything? i doubt it will . Its either pay up or we will destroy your credit files and make your life hell, unless you have loads of cash and a good brief to take them to court and try your luck putting them to proof.
  23. Lets hope he gives you some good advice ... are you gonna pay up or contest it? i contested it thats why i got the default and they had to write it off as i wouldnt pay them. i hope robcag guides you and helps you deal withese clowns ...
  24. hi pj , typical bank response, we have done nothing, you are not having any more info, you are wrong and we are right. I am in the same position but have received no sar info for 4 months despite being referred to group customer relations.. my debt was written off but i am challenging the default as it is 1800 quid with 1300 pounds of it compounded charges. The bank have admitted that no paperwoprk held as its beyond six years and gave me the finger to put it bluntly!! i am filing with court re the sar as i cannot contest anything as i have no paperwork, and i am unable to go further. like you i am dissapointed as there seems no where to turn to!! As i see it we are both challenging the same thing here in that no paperwork is held by the bank and as they have no paperwork do they have any right to claim the debt or file any info with the credit ref agencies. This needs challenging in my books. one of my credit entries was incorrect and they sent me 75 quid to make me feel better, makes me laugh in that they stuff up and we bail them out with our tax money and they give us a bit of our own money back for there mistakes they made...wonderful people.!!! good luck with yours and keep us posted
  25. still not heard from joyce tudor since my letter on 7th nov last ...these lot are jokers
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