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    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Medical Negligence


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Over the past 6 years my gfs mum has been bed bound.

 

In 2001 she was admitted to hospital and needed morphine, a junior doctor approached her to try and administer morphine through an intra venal catheter in her Superior Vena Cava, they couldn't get the catheter in and spent an hour trying, they eventually got this in, this caused great damage to the Superior Vena Cava so she now can't get out of bed because the fluid cannot get down the vein and if she gets up she falls.

 

The NHS Dr admitted he was very wrong in doing what he did and realises this but obviously this isn't on the record, we don't think!

 

They have tried stents and angioplasties but can't get the vein back to normal use, all attempts have failed. She underwent angioplasty treatment with the balloon blown up for over an hour to try and get the vein blown up, this caused more scaring.

 

I am trying really hard to find some kind of alternative treatment for her abroad or privately to do a bypass on the vein as I have found this is possible. The only problem is we can't fund it but because of the above I don't feel that her family should be funding it, I feel that the NHS caused the damage and have caused her to be bed bound for the last 6 years and that they should be paying for her treatment for a start and also compensation for what has happened.

 

There is much more medical negligence that has happened but this is the main problem that we need to solve.

 

What advise can anyone give about claiming for private treatment or compensation from the NHS?

 

If anyone has any questions please ask.

 

Thanks

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Well the first thing is you get her notes and see what the jnr doc said then take it from there. I'll say what i tell everyone with an NHS problem - get a lawyer.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Unfortunately you only have three years from the date of negligence or date of knowledge of negligence in which to claim compensation for clinical negligence. As the negligent treatment occurred in 2001 you are statute barred against making a claim - unless of course you didn't realise the treatment was negligent until more recently.

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Giving morphine via a central line is accepted practice, I suspect the problem occured when the central line was inserted. Central lines are only inserted if venous access cannot be achieved peripherally, or if certain drugs are required which need to be given centrally. The majority of central line insertions are straightforward but there are risks with any procedure, these are generally explained to the patient before insertion (ie consent is gained) unless the patient is too ill and the central line is needed urgently. It can take some time to place the line and can be difficult as everyone's anatomy is slightly different. Superior vena cava syndrome is a rare but recognised complication of insertion.

In order to prove negligence you have to establish a duty of care, that the action undertaken fell short of reasonable practice and that the harm was a direct result of the negligent action. I suspect that this would be extremely difficult to prove as SVCS is a recognised complication unless you can demonstrate that the doctor was not experienced in insertion and therefore should have been supervised. (In addition to the time limitation problem).

Has the consultant been asked about the possibility of a bypass, if her symptoms are causing this much trouble it should be possible to get the surgery done on the NHS at a vascular centre (if she is fit enough for surgery and the anatomy is suitable). If the consultant does not think it would be possible ask for referral to a specialist centre for a second opinion.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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  • 3 months later...

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!

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  • 4 weeks later...

Paul - you are so right. I was careful when I requested the medical records of my deceased husband (yes they killed him) and low and behold they missed the crucial piece of evidence. More interestingly, however, they had changed his observation chart. How do I know? Cos I had written on the original! When I got the med files, there was a brand new observation all written in the same handwriting for a 24/7 two week period (nurse must have been superman to work those hours lol) and sure enough my scribblings were not on that version. So yes beware of altered documents and be very circumspect when asking for medical records you may well get something quite different.

 

christieuk

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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.

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Hiya,

 

Do you know what, I see what you are saying and it really doesn't suprise me! I actually don't work far away from the medical side of things myself (close to the ambulance service) although I don't have much life experiance to have seen much of this.

 

My partners mum has gone through some shocking accusations, I have now read through the diarres they made while she was in hospital. A junior Dr gave her an injection in her arm and the needle snapped, he didn't realise and weeks later they were telling her it was pulled muscle and to exercise her arm.

 

I am still pursueding them to get the files from NHS.

 

They are worried it would affect further treatment as she still relies on them.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Poppynurse & Kenny,

 

Unfortunatly i have to agree with Paul having gone through an expensive private litigation process.

 

Notes were SO obviously tainted - completed seperatly etc etc....but hey, they say what goes around come around....i am sure that the respective Doctors/Nurses involved in my originally flawed treatment will get there just desserts from an unfortunate bit of luck which will strike them!

 

Can't say i have much respect for people who take the trust placed in them and skew it in there own favour.

 

I have total admiration for the surgeons who remedied my injury and could do nothing other then help.

 

The actual system allows Doctors to retrospectively complete notes - The process is called OCTAVE - take a look at the book on it. It's disgusting.

 

Before hiring an expensive lawyer (assuming you aren't covered by insurance) i would recommend you might want to kick start a process yourself.

 

Here are some links that tell you about the process, and actually point you in the direction of getting info without spending 1000s on a lawyer:

 

Pre-Action Protocol for the Resolution of Clinical Disputes - Clinical Disputes Forum

 

THE WOOLF REFORMS

 

A site for expert witnesses.

 

psychology expert witness,expert witness psychologist,Court Expert Witness

 

I am currently assisting my mother with a claim and i am using these links for assistance.

 

As for treatment being effectd; it quite clearly says in the NHS complaints process (tightened up since 2002/2005) that it cannot effect your treatment. You can also ask to be refered to an alternative consultant or if you to another hospital, best thing i think would be to sit tight and always have someone with your mother during appointments.

 

Good Luck

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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  • 1 month later...

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]

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Hi everyone,

 

I have read the above posts and they are quite interesting. I am trying to get the husband to request medical files. I have read the pre-action protocal but thats only if you are going to court isn't it??

 

We want to get the medical files to see if there is anything in the files to warrant a claim? I don't know how to get the files, I did find something on the local NHS website the other day but they have updated the site now and can't find it. Is there any set proceedure on applying? I can see there is a £10 charge but then also there may be a charge for staff time?? Lol that will put it up abit as I believe she has LOADS of files.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 7 months later...

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

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Orfoster,

 

I was charged £50 (the maximum fee) for my mum's notes that were about 15" high. The first time they were done, there were in higgerldy piggerldy order, back to back but not in any chronological order, some too faint to read and parts of the page missing. I did complain at the time, but the hospital didn't reply (they take the ostrich approach that if you ignore something long enough it will be sure to go away) and I subsequently applied again after my mum died, but this time I collected them in person, sought assurance that they were in order and and checked as far as I could. They had the cheek to charge me another £50.

 

I find it amazing and refreshing that you found a doctor who was willing to admit to making an error. The hospital management must have been horrified. How many people would not feel it necessary to go for litigation if there was an immediate acknowledgement of medical errors, an apology and, where possible, a willingness to make amends. If you did go to court and the doctor was called to give evidence he would perjure himself if he denied the conversation. I don't suppose you had a witness. I was also told by my local hospital that patient notes should contain a note of all key conversations. I'm not sure whether this is just my local hospital's policy or standard throughout the NHS. Still, my own hospital didn't tend to adopt it's own practice very often.

 

It is horrendous to think that healthcare staff would even consider changing records or completing them after the event. You could say that this was down to staff shortages, but that's an excuse, not a reason.

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  • 4 weeks later...

My son was admitted to Hospital with a stab wound to his back and severe head traumas..he survived thanks to the staff there but..2 years down the line we have found he has a huge lesion to his brain ,and when he was admitted originally ie stab wound n head traumas he WASNOT given a head scan,every doctor hes seen since then, cannot beleive he wasnt given one.The lesion has left him with quite bad problems ,is there anything i can do about the hospital NOT giving him a head scan.

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I would be surprised if there was no CT scan done if he had a significant head injury - he needs to request his notes and establish if a scan was done or not, what it showed if it was done, why it was not felt necessary if it wasn't done.

 

Was he unconscius or awake and talking throughout?

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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He was not given a ct scan at the time of admittence with the injuries, or the 14 day stay in hospital afterwards, he was unconcious for a while in the ambulance.He had to have extensive stitching to the head wounds.

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My son and a friend were involved in a serious car accident. My son's life was saved through the excellent work of the medical team and surgeons that worked for hours to save him. His friend had no injuries other than a bruised hip.

 

Yet the notes on their files attached to their beds indicated that the friend had four blood transfusions, but my son had none ! :confused: They hadn't got their names mixed up because I asked a nurse to check the notes. She insisted that the friend MUST have had the transfusions, yet he hadn't had any surgery at all.

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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.

 

Paul, the betrayal you hve experienced must feel quite nasty. It reminds me of the case of Kerr-Haslam (which is about sexual abuse of approx 200 mental health patients by psychiatrists Dr Kerr and Dr Haslam). In that instance the solicitor acting for the group of patients, Ms R Mahapatra of Irwin Mitchell, was the daughter of the psychiatrist assigned to take over. Here is a bit about this ...

 

The Archive of Asylum Online Features page 2007 says the following.

 

At some time during 2003 Lin was contacted by Kathy Haq, the leader of the group of women. They kept in touch, exchanged information and encouraged each other. Before the hearings Kathy had already complained to Lin that the solicitor assigned to them, Rachelle Mahapatra, was arrogant, overbearing, rude, obstructive and negligent; she failed to keep her clients informed and she misrepresented some of the facts. Kathy said that she had altered the material facts of at least one witness statement, and she suspected that she had deterred prospective witnesses from making statements. None of the group trusted this solicitor. On their behalf, and as the processes unfolded, Kathy had already resorted to by-passing Mahapatra and going straight to the Inquiry's solicitor for information. Then, on the first morning of the hearings, the group of ex-patients were suddenly made very anxious. The first abused former patient to give evidence was not a member of the group and they did not know her. She testified that when she complained of sexual abuse by Kerr she had been transferred to a psychiatrist called Mahapatra. One of Kathy's group looked into this. It turned out that Mahapatra was indeed the daughter of that psychiatrist: her father was directly involved in a matter which concerned the Inquiry. It was likely that he had heard about the abuse. If so, what had he done about it? Was he guilty of negligence, too? Had he worked directly with Kerr and Haslam, or socialised with them?

 

It's so hard to know who to trust when it comes to taking a case against the NHS.

 

Best wishes from 'My Turn'

 

--

 

end

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