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    • Thank you Andy, that is invaluable information, and very reassuring, i have some idea of what to expect. I was fearing that I was going to be grilled for two hours continuously and the prospect seemed incredibly daunting   Yes indeed I am going to prepare some notes on a separate paper as you say, it's a great idea thank you
    • CCA/CPR should have gone off 2 weeks ago!!    
    • Hi,  Sorry about the late reply its been very busy.  CCA and CPR are being typed up now ready to go out tomorrow.   I had her look at her credit file and she thinks she has found the correct one for Cabot with a date that matches the one on the claim but it has her current address not the one she was living in at that date.  No information on last payment or defaulted date.  Also, no account number on Cabots claim form either.   Honestly she has had multiple accounts with JD Williams various outlets over the last 20 years, at least 3 with Jacamo who keep lending to her despite her having no income.  She is trying to get herself out of that debt cycle, but she is disabled and easily led by others to do silly things.  
    • Deepfake, or AI-generated videos, are increasingly being used commercially. View the full article
    • hi please check the content of letter.  To Hermes Parcelnet Ltd, Capitol House, 1 Capitol Close, Morley LS27 0WH   Dear Sir I posted an item through (Pacelink)Hermes on 7 February 2021 with tracking number: 1732380759006010. The customer received the item but the package was tempered and content of package was missing. Please see the photos which customers sent, he found tissue papers inside the box but the graphics card worth of £780 was missing. Now because of your poor service my item worth of £780 was stolen by your staff member. I had to refund the customer with full amount of £780. In my view you should pay me £780 as soon as possible. Otherwise, I will be taking this matter to County Court as well as I will be claiming for all the damages with interest. You have 14 working day to give you response after you received my claim letter. If I did not get a satisfactory response you, I will take this matter to county court.   Regards my details with phone, email and address (do i need to mention my address?)
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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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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