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Poor Advice provided by Doctor...


Jase1982
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Hi,

 

A friend of mine has recently some trouble with her knee, which has resulted in her being in quitea bit of pain and not being able to walk properly.

 

This was over a year ago - She visited a Doctor who referred her to a so-called knee specialist. (All charges were covered by the BUPA scheme)

 

The specialist, who was seen in Feb 06, diagnosed that an operation would be necessary, the operation was carried out and she was off work for 3 weeks. Over the last year she has often been in considerable pain and culminated in a massive lump forming on her knee a couple of weeks ago.

 

As she was in so much pain and obviously concerned at the lump on her knee, she visited her GP again, who then referred her to a different specialist. This specialist has told her in no uncertain terms that the first specialist mis-diagnosed her condition and an operation should not have been required. The diagnosis this time was to visit a physiotherapist once every week and perform several exercises, daily....

 

I would be interested in hearing an opinnion from the CAG forum on the best course of action to take over the first specialist. My friend is obviously angry about the mis-diagnosis and would like to let BUPA and any relevant party know of the anguish she has been in over the last year and a half. ....she would like any advice on possible legal action to take gainst the first specialist....?

 

Thanks in advance,

Jase

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Does anyone have any thoughts on this?

 

It looks like a straight forward case of Medical Negligence.

 

There are lots of firms of solicitors out there who will assess your case but I find its better to use one who has been recommended by someone who has had a similar claim concluded.

 

Where abouts in the country are you?

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Hi,

 

A friend of mine has recently some trouble with her knee, which has resulted in her being in quitea bit of pain and not being able to walk properly.

 

This was over a year ago - She visited a Doctor who referred her to a so-called knee specialist. (All charges were covered by the BUPA scheme)

 

The specialist, who was seen in Feb 06, diagnosed that an operation would be necessary, the operation was carried out and she was off work for 3 weeks. Over the last year she has often been in considerable pain and culminated in a massive lump forming on her knee a couple of weeks ago.

 

As she was in so much pain and obviously concerned at the lump on her knee, she visited her GP again, who then referred her to a different specialist. This specialist has told her in no uncertain terms that the first specialist mis-diagnosed her condition and an operation should not have been required. The diagnosis this time was to visit a physiotherapist once every week and perform several exercises, daily....

 

I would be interested in hearing an opinnion from the CAG forum on the best course of action to take over the first specialist. My friend is obviously angry about the mis-diagnosis and would like to let BUPA and any relevant party know of the anguish she has been in over the last year and a half. ....she would like any advice on possible legal action to take gainst the first specialist....?

 

Thanks in advance,

Jase

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Hi Jase,

 

I had a similar mis-diagnosis on a back complaint and ended up suing and winning against the NHS for £ 1/4m (they settled earlier this year).

 

As part of our building and contents insurance we had legal cover thrown in - it was this through this cover that my concerns were passed onto solicitors who establised I had better than 50% chance of winning the claim - so they handled the claim at no cost to myself - and won (after 3 years).

 

It may be worth while initially checking policy documents to see if you have such cover in place - the cost of going it alone could be quite tough (medical reports, examinations, etc, etc).

 

Hope this is of some help.

 

(PS my building and contents cover was through Lloyds whom were kind enough to settle my bank charges a couple of months ago ;o))

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Dear Jase

 

Your friend has to prove that the first doctor was negligent, not simply that another doctor disagreed with his diagnosis and management later on. To do this you would need to show that the first doctor's actions were not in accordance with a "reasonable body of medical opinion". This may be hard to do. His defence team would only have to show that some other consultants would have made the same diagnosis / treatment plan to strike out the claim right there, at negligence, without any regard to causation.

 

JohnHill007's Comments are helpful regarding funding for claims, but I suspect his case was clearer cut than many on the site, so be wary of commiting too much of your own funds without sound clinical advice from experienced medicolegal lawyers or doctors.

 

If I were you I would do as he suggests re checking insurance policies, and then look for a "no win no fee" type legal firm to get advice if you are keen to proceed.

 

If you want my opinion I would need a lot more info - you can PM me if you want to keep it private.

 

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:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

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