Should I complain?

ajhearne · May 2021

I was a victim of two industrial accidents at work; a slipped disc and not able to do shop work etc so my job prospects are limited.

I saw my GP who knew me for 37 years on the day of the second accident; he advised me that resignation on ill health because of bullying/stress; cannot even work in the same building where I worked.

I found out in 2021 despite his recommendation he told me to resign, its not been recorded in my medical notes the date of the second accident and another GP got frustrated each time I mentioned it and refused to make notes.

Are my options best to complain about the conduct of the GP for not recording accident date despite recommendations to resign; I've had three months of no income/beneits feel like seeking compensation.

Many thanks

ajhearne · May 2021

Thanks Woodbine,

No I'm not working for the company anymore, I haven't been able to go back in or work in for another employer in the same building. It went to tribunal and I lost; was not given the correct limitation period on when to bring the claim in i.e. when the 3 months should have been from.

I got bit of compensation for the first as no manual handling received, but not for second accident, no risk assessment, or steps to prevent first ignored by former employer, solicitors were forced to shut by the SRA; despite a barrister saying good prospects, out of time to do anymore on the injury front.

i thought GP's had to record everything, but oh well.

I could not do anything on benefits as I was not aware of PIP at the time before I claimed, and I was not entitled to Universal Credit after I left another job when the project finished; because my capital being over threshold and got confused with my options available to me, I wish I had started the ESA front sooner given Descriptor 7A and Descriptor 4A apply to me and only 8 weeks 4 days till my contributions expire, but told been escalated so hopefully will carry on after they finish.

Momolino · May 2021

"If you think that something in your medical records is wrong, the Patients Association recommends that you write to the GP or hospital saying what is wrong, and providing any evidence you have which supports your view. Medical records cannot usually be changed, but a note can be added explaining why they are incorrect."

https://www.enablelaw.com/information/faqs/what-can-i-do-if-i-think-my-records-are-wrong/

Caz_Alumni · May 2021

@ajhearne Sorry to hear about the issues with your GP not recording the details of their advice and recommendations in your notes. I can fully appreciate why you might feel that this has put you at a disadvantage in terms of the eventual outcome.

According to the NHS Constitution, there is the option to make a complaint about any aspect of the NHS' services. Though that won't result in financial compensation, I'm afraid So, I'm not sure how much benefit that would be to you in this instance? Also, complaints should normally be made within 12 months of an incident or of the matter coming to your attention. Would that fit with the time frame for what's happened in your case, ajhearne?

Just in case this is something that you would like to pursue though, I've included a few links with some further information about the process and some organisations who might be able to help:

Also, I know you mentioned having spoken to your legal representative about this. Have you spoken to a legal adviser about this recently? And did they offer any additional advice in relation to the possibility of compensation?

ajhearne · May 2021

Caz_Scope thanks for the links will keep them in mind; too late to do anything more now past the three years on personal injury front and the twelve months you said. Oh well; just hope the ESA is sorted in time before July so no more gaps.

Should I complain?

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