Atos Health Care/postggj Taking Them To Court

[postggj]

sorry ive not updated but been a development

 

all i can think of is it was a score draw in court

 

i requested under cpr 31.16 for the medical records on this occupational therapist

 

the judge said he understood why i wanted that info but he could see no legal reason for them to disclose it

 

he said a person can have loads of letters after there name but it would make no difference in ordering the release of that info

 

he said the only way would be a medical negligence claim agains atos

 

my claim was dismissed BUT NO ORDER FOR COSTS ON BOTH SIDES

 

CAN PT OR SITE TEAM CARE TO COMMENT AS IME CONFUSED

[middenmess]

Good to hear from you post--you've been missed.

[postggj]

Thanks

 

Took A Few Days Away To Plan My Next Attack

 

I Am Rather Angry And Not Happy Over This

 

A Lot Of Time And Effort Went Into This And To End Up With A Score Draw Is Not On

 

I Need Some Firm Advice On Why They Were Not Obliged To Release That Info Under Pre- Action Disclosure

[mranother]

Sorry to hear it didnt go as you hoped postggj! I am sure one of the site team will be along soon to help out!

 

Sorry to hi-jack your thread also as your inbox is full...however, can you ahve one last look at my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238713-mranother-bct-hp-agreement-8.html

 

as I a going to court on Monday. Thanks and good luck with the next step!

 

MrA

[ee-bee]

so glad your back,i`m sure someone will be along soon to advice you

[patrickq1]

have a read of this post sorry to hear how it went i did expect something like this to happen....DWF LLP | Media Center | Pre-action disclosure in disease claims

[patrickq1]

you obviously needed the practitioners details so that you could have his medical knowledge questioned by a medical expert,as you see it is fit and proper to question this persons fitness to practice in your type of illness and if not then why have they relied on unqualified evidence...

[postggj]

The Whole Thing Stinks

 

I Cant Make A Claim With Out The Qualifications On The Atos Rep

 

The Court Will Not Order It Produced

 

Catch 22

 

Just Waiting For Pt Who Is The Cpr Guru To Get Back To Me With Some Sort Of Explanation

[patrickq1]

The principal authority is Black and others v Sumitomo Corporation and Others [2001] EWCA 1819 which outlines the criteria set out in CPR Section 31.16 (for further details see our previous article Pre-Action Disclosure in Disease Claims) which should be met for a Pre Action Disclosure Application to be successful. Insurers should fully consider whether each of the criteria is met. It is also important to:

[patrickq1]

if only tou had appied under the above but you still can you will need leave to apeal this from the judge i think its within 21 days you need to apply but pt and other s should know the procedure

patrickq1

ps..i will look for more instances for you dude it does stink but Atos are a massive corporation and have limmitless contacts with all sorts of people nuff said

[postggj]

Thanks Patrick

 

I Have Till The End Of The Month To Apeal But I Need To Be Cast Iron On The Facts

[patrickq1]

hence your need for PROFFESSIONAL MEDICAL OPINION once you have this and it is as a witness statement with the oppertunity to bring forward the medical expert then you should have absolutely no probelems convincing a judge that the person employed for ATOS was not as such qualified in this feild of illness and therefore the Atos person has mis stated medical facts and ATOS are aware of this you have tried to come to an aggreeable or amnicable settlement without success as they have been obstructive in every request you have made

[Allwood]

Assuming that the person from ATOS is medical qualified, which may not be the case. PCT's are flying over people from the EU that could not even speak English and are only qualified in cosmetic surgery, this person on arriving here gave an overdose of painkilling injection to a patient and killed him. He went back to Germany and still practising there.

 

There used to be a medical directory at big libraries that had the qualifications of doctors and consultants in it and what they specialised in. Not sure if that is still the case today, but when I was younger and had to have an operation, I would first look up the person that was going to operate and with the knife, to see if s/he was qualified before I would let him/her near me with a knife while I was under anaesthetic.

 

Best of luck with your appeal.

[kurvaface]

You can check a doctor on the "GMC MEDICAL REGISTER", however, in Post's case it seems that he has been examined by a minimum wage job's-worth box ticker who wouldn't know the difference between a scrotum and a sacrum.