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TOPIC: Leagal action

Leagal action 7 years 1 week ago #13381

I had a DSS medical in july this year. the doctor took no notice of what i said or any of the paper work i had with me. due to this, i was put as fit for work.

i did appeal, but lost it as i was asked if i wrote my doctors letter myself. i had not, but it seems they think i did.

due to this, i have had no benefit since july.

has anyone tried to take the ATOS doctor to cour for medical neglegence? as i have been trying to find someone to take my case on.

anyone with any help could you please let me know?
Last Edit: 6 years 11 months ago by Crazydiamond. Reason: Original post restored.
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Re:Leagal action 7 years 1 week ago #13390

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi TB,

I'm afraid we're not qualified to give legal advice. I've never heard of an Atos doctor being sued for medical negligence, although I'm sure it's possible if it can be proven.

You need advice from a solicitor in your area, so contact Community Legal Advice

Hope this helps and good luck !

Pat
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Leagal action 7 years 1 week ago #13391

tb1uk wrote:
i had a DSS medical in july this year. the doctor took no notice of what i said or any of the paper work i had with me. due to this, i was put as fit for work.

i did appeal, but lost it as i was asked if i wrote my doctors letter myself. i had not, but it seems they think i did.

due to this, i have had no benefit since july.

has anyone tried to take the ATOS doctor to cour for medical neglegence? as i have been trying to find someone to take my case on.

anyone with any help could you please let me know

Following your unsuccessful appeal to the First Tier Tribunal, as it appears that you disagreed with their decision, you may have had grounds to make a further appeal on a point of law to the Upper Tribunal.

Unfortunately you have exceeded the statutory time for an appeal, but there may be grounds for a late appeal? However, there would have to be very good, compelling reasons for not making an appeal within the prescribed time limit.

Community Legal Advice may be able to help you with this as well as any potential legal action against ATOS Medical Services.

The CLA website can be viewed HERE.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Leagal action 7 years 7 hours ago #13699

July this year, I had an ATOS medical. It started off by Dr X doing his nut as on the back of my form, I put on I wanted to appeal the decision the doc is going to make about my health ( 3 years earlier, I had a medical even though I took in a letter saying a few days later I needed a 3 hour op. the doc then put me as 100% fit)

I took letters in about my condition and Dr X would not read them (4 months later, he told ATOS he didn’t think they would be of importance) 1 said I was having tests in hospital the same day.

Guess what, the report came back saying I was fit for work. I asked for the IB85 and when I read it, nothing in it was about me and my condition.

I complained to ATOS and the DSS. ATOS first lost my complaint then said they would look into it. They did and after a few weeks said the report was correct. I complained to them again and they said they asked Dr X (by now 4 months later) about it and he remembered me?????????

The DSS told me to send in a rapid reclaim form. I did and they rejected it as they said Dr X report stood. They then said I should ask my own doctor for a letter. My doctor’s letter was rejected as a forgery by the DSS and at my appeal.

I then gave my doctor the IB85. He did his nut and did a full report on me to send to the DSS.

Today, the DSS rejected the report as it didn’t have a date on it. When I looked, it was dated. But, the DSS still reject it.

I have told ATOS the next medical I have I will record it. ATOS said, it must be done by an approved company and 2 copies must be made at my expense. BUT if the next doctor they use says no, then the team cannot go in to record it.

If anyone from the press want to go to my next medical, if they contact me, I will let them come along with NO financial gain for myself.
Last Edit: 6 years 11 months ago by Steve Donnison.
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Re:Leagal action 6 years 11 months ago #13709

i asked ATOS for a copy of the LIMA software to have a look. ATOS sent me a letter saying they no longer use LIMA but a server based program that can only be accessed by the doctors
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Re:Leagal action 6 years 11 months ago #13711

Hi,

Please could everyone avoid including details in posts which could lead to an Atos doctor being identifiable and both the poster and this website facing potential legal action.

I haven't heard anything about LiMA being ditched, but it has always been a server based system and, even if the name has been changed, there's no doubt it still works in the same way and still turns out the same style of report.

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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