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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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2 mri scans classed as unreliable 2 health professionals


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I am on waiting to get a shoulder transplant because 2 health professional posted on my medical notes that my rotator cuff was in fact was intact, that with the benefit of 2 mri scans posting full thickness tears.:-x

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Sorry Brian I'm not quite getting this could you explain the situation in a bit more detail.

 
 

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the 2 mri scans have been checked by the registar 2 be 100% accurate. so with there experience they should have known 2 scans couldn't be unreliable.

 

I too am confused as to the exact nature of any complaint.

 

However, you may need to look at the difference between "scan showed the problem but it was missed" (and thus there may have been a breach of duty of care by the person reporting the scan) and

"Scan didn't show the problem, and was reported correctly".

 

Who are you claiming made an error?. The radiologist(s) reporting the scan(s). The clinical team you saw?.

 

No test is 100% perfect. Some tests are more "sensitive", so don't miss the thing they are looking for (a low rate for "false negatives"), while tests can also be "specific" (if it is positive it is likely to be the problem being looked for - a low rate for "false positives")

 

If the clinical team felt you obviously had a rotator cuff tear and it really didn't show on the first scan, that might be a reason why they asked for a second scan.

If it really didn't show on the second scan : should the clinical team have trusted that (& either sought a different testing strategy, or treated you for the injury anyway)

 

For clinical negligence there must be:

A duty of care,

Breach of the duty of care, and

(New) harm resulting.

 

Do you feel the radiologist(s) and / or the clinical team breached their duty of care?

 

Would you have had different treatment avoiding a shoulder transplant if it had been picked up on before?. If you would have ended up needing the transplant anyway they may have made an error but it is harder to claim you've been harmed by it ......

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Your first port of call for any medical malpractice claim is the relevant hospitals Patient Liaision Service (PALS). Send your complaint to them and when it is exhausted or at stalemate then you can go further. If you haven't complained to PALS you have got very little chance of any success via any other route.

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Your first port of call for any medical malpractice claim is the relevant hospitals Patient Liaision Service (PALS). Send your complaint to them and when it is exhausted or at stalemate then you can go further. If you haven't complained to PALS you have got very little chance of any success via any other route.

 

I disagree.

PALS should be independent, despite being funded by the hospital trust.

They can be useful in establishing if something did go wrong, but it isn't unheard of for notes to go "missing" when PALS start to ask for feedback (though if all notes get scanned [so should be available electronically] should be an early question)

 

Depending on what outcome the OP wants, if the OP is already sure there has been clinical negligence, and if the OP is concerned the notes may disappear if PALS start asking questions : the OP's first port of call could be PALS or a med. neg. solicitors.

 

(If PALS ask questions on the OP's behalf, the notes will initially go to the medical & nursing teams for the questions to be answered. If a solicitor applies for a copy of the clinical & nursing notes the notes will be copied for the Trust's legal team before they go to the clinical teams ....)

 

There is no obligation to go to PALS before a solicitor, especially if there is clear-cut clinical negligence.

 

If there has been clear cut negligence : what benefit does going to PALS add? (Balancing this benefit against the risk of the downsides already mentioned)

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I'm sorry I didn't make myself a bit clearer. I had a mri scan done which reported a 7mm 4mm full thickness rotator cuff tear, on the back of the scan the surgeon performed an operation, he then reported on my medical records that my rotator cuff was in fact intact.

 

as I hadn't made any progress the phisio refered me back to the surgeon who performed the operation, after several months on the day of the appointment the surgeon sent 1 of his colleagues when I explained to him I hadn't noticed any improvement in my condition he asked me to remove my top clothing and performed the rotator cuff test, he then requested xrays on examing them he wasn't too happy and said he would sent me for a second mri scan.

 

After several months when I went back to the clinic for results of 2nd mri which I had already read as I requested my medical records lo and behold 2nd mri scans indicate torn rotator cuff tears, Mr Conway at the clinic tried to convince me that my cuff was intact.

 

My mri scans have been checked by the surgeon and proved to be 100% true and accurate this a surgeon at a separate hospital who was performing a third opinion, his words wont mess about you have massive rotator cuff tears and in fact its too late to fix them as arthritis has set in hence only option is a shouder transplant.

 

So what I'm trying to say, is it remotely possible why these 2 surgeons at the same clinic should think 2 mri scans could be wrong as the scans were only on a small part of my shoulder.

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