Challenging a medical report

My report does not state anywhere that permission was granted for examination but the dr refers to his examination and things he saw....he did not ask for permission but I offered it to him for him to examine me....BUT HE NEVER DID SO....I was in bed at the time of medical and did not move from it and although he thinks and reports he examined he didn;t....difficult for him to say I am confused because although I often am he says I have no mental issues and my behaviour was completley normal.....also had my wife there.

We all seem to face one thing and that is professionals failing us in one way or another. They are there to help us, advise us and they fail badly.

As has been previuosly said the more complaints the better, I have an appointment with my solicitor next week and my consideration is a complaint to Atos but also to the GMC.

John. it is strange how ATOS can change the definition of a "medical exaamination" when it suits, to even include a process where no examination takes place. This is "disability analysis" as opposed to a medical examination. People have been suspended for failing to submit to such examinations yet to date I don't think the definition has been challenged. There seems to be no clarity in the Acts and the law dictionaries don't help. It would be interesting to find out why they decided to send a doctor out, what info did the Decision Maker request as in DM Guide .. The claimant is referred only when a medical examination is necessary to obtain
information to enable the DM to reach a decision on the claim or entitlement to benefit. Did the docor fulfil that requirement John I wonder???
Good luck .. AdamAnt

Thanks for your reply Adam Ant

To be honest I class myself as fairly intelligent but I am getting confused with all the different terms lcw wfhra etc etc it is rediculous. I decided to get legal help after my DLA was refused and will see my solicitor (benefits specialist) next week who will deal with the issues and hopefully clear up any discrepencies I have.

I am unsure the dr fulfilled anything but his expenses claim.

To be honest he contradicts himself in his report besides lying and omitting important information. There is one thing in his report that I am absolutely intrigued to find out his response to............ in response to lower limb activities 1, 2 & 3 he writes in the section
Summary of functional ability
"Chronic condition causing severe moderate functional limitation of bending, standing and walking"
Yes he wrote the word severe and crossed it out afterwards and inserted moderate above it!!!! I wonder why his first thoughts were my chronic condition was causing me severe problems???????
Afterwards he fills out I can walk upto 200 mtrs, I can stand upto 30 mins and I can bend and squat to pick something up. I don't suppose he could have decided them points if my condition was giving me severe problems so maybe he thinks "maybe change to moderate" hehehehe

I hope with his contradictions and this one sentence that my solicitor wipes the floor with him...it is disgusting and a complaint is definately to be made to GMC over it.

What do you think AdamAnt?

Thanks again

I wish you he best of luck John . if you are involving the GMC and get the chance have a look at their website on the guides, consent and confidentiality they make interesting reading... here's a snippet.."The first duty of a doctor registered with the GMC is to make the care of their patient their first concern. The term ‘patient’ in this guidance also refers to employees,clients, athletes and anyone else whose personal information you hold or have access to, whether or not you care for them in a traditional therapeutic relationship".
With this in mind as we are classed as patients by the GMC what happened to patient/doctor confidentiality and can they just supply our info to DWP without further consent??? I hope your solicitor goes to town on them John.. take care AdamAnt

HI all received reply from medical services ,I am writing to apoligise for the delay in replying to your complaint .
Unfortunately investigations are still ongoing .I will write to you again with a full reply as soon as possible,
In the meantime if you have any further enquires regarding this matter you can contact me at ,,, phone no ,,,,,,,,,,

So I have emailed her again and ask her why the EMP has not put my name or NINO on any of the her report pages not even on the front ,and as adamant said and i borrowed his phrase , that just goes to show how diligent your Dr was in doing her job , that report could belong to anyone ,,

So its another waiting game for them to get back to me again ,,,,,grrrrrrrr

letitia

hi steve and adamant this is part of the explaination ,ONE of the issues raised in the complaint regarding consent,,,and this is the reply to that part of the complaint,

With regards to permissionj for examination this is not through a consent form but orally .The advice letter advising you of the examination describes the examination and it says that if you fail to be available for this examination your payments may be stopped and your benefit claim disallowed .With regard to the specific point of consent Dr****** said that she always explains to ever client that she is going to examine you before she begins, There is nothing in Dr ********report to suggest that you were unhappy to particate in this process .


Any help or advice please have i a leg to stand on or are they trying to cover thier backs ,, many thanks letitia