Challenging a medical report

My report has my N.I.Number at the front. I didn't know you had information on challenging it, and I want to do that, so I'll download the relevant stuff now. My report is full of inaccuracies, and several 'inventions' i.e. things I didn't say. It's difficult to go through it, as it seems to be the same thing repeated over and over again. I suppose that must be because of the Lima.

Under Common Law, an adult must give INFORMED consent before either a medical examination or medical treatment can be provided. In order to give informed consent an adult must: Possess an understanding of the basic information, which is relevant to the decision. Possess the capacity to make the decision and understand the consequences. Be able to make the decision voluntarily, free from coercion. Similar to the "Guide for Medical Advisers" above The GMC guidance in “Good Medical Practice”, requires doctors to be satisfied that they have consent from a patient, before undertaking any examination or investigation.. and goes further …Although informing individuals of the nature and purpose of procedures enables valid consent to be given as far as any claim of battery is concerned, this is not sufficient to fulfil the legal duty of care to the individual.
Steve is absolutely right, even unlawfully obtained evidence can be used with discretion There does appear to be an expectation by the DWP “medical services” that you will consent, however as can be seen in the above, if informed consent was not given this could even amount to battery, which could make interesting headlines….. AdamAnt

hi steve,marie,elaine,adamant,loosecannon,thanks for your help ,it is very much appreciated ,I was expecting word from medical services yesterday as i received the reply to my complaint on the 08/04/10 saying they would get back to me within 10 working days ,If i receive no word tomorrow again i will be contacting my MP straight away ,The treatment we are getting is unforgivably ,and they know it is affecting our health physical and mentally and they are hoping if they continue we will just curl up and go away ,So it will take everyone that has had an unjustified EMP report to make an offical complaint ,and that also goes for the DMs as well as they are also getting away with it ,And on this site there is so much knowlege at our finger tip if that is all you have left that is working to change this system around or at least give us a fair crack at the whip ,,,will keep you all informed of all outcomings for i personally think it is time for us all to stand up and be counted ,,,God Bless letitia PS loosecannon your name and NINO should be on every page ,,

I have spent the best part of the day writing a letter challenging my medical report. Trouble is subtlety is not one of my strong points, and I feel it may be a little on the 'sarcastic' side. It does challenge the discrepencies on the report, but maybe it's a bit too 'harsh'. Perhaps someone with more experience could maybe give it the once over? If this would not break the forum rules in anyway.

-Marie

Letita,

A few useful tips re all the paperwork.

First your EMP report.... I found it really handy to photocopy my whole EMP Report. Then you have single pages with nothing on the back. Beside each of the emp pages, i sellotaped a fullscap page and i was able to write each dispite I had right beside the emp page. I found this a much easier way rather than having to trawl through all the pages, then search for my arguments that I had writen elsewhere.

When you get your bundle if your case is to go to the tribunal.........I again photocopied the Decision Makers Submission and reasons, done the same thing again sellotaping a foolscap sheet at the side of each page and detailed out my arguments with this as well.

I know you end up with double the size pages, put I found it much easier and I could find what they said and what I say right beside each other.

(bet you get word in the morning from medical services), dont be fooled if postie puts a white envelope into your postbox, mine was Quality white, not the usual brown.


Kathy x

Hi Marie,

We wouldn't be able to look over a detailed submission about your medical report, I'm afraid.

But I would say that it's wise to make your submission as factual and unemotive as you possibly can: 'The doctor states in his report that X is the case, this is incorrect because of Y'

Bear in mind that the tribunal members have to read this report, the more concise and factual it is the more credence they will attach to it.

I do understand the anger people feel towards doctors who have not done their job properly, but the appeal hearing is about getting the correct award of benefit. The tribunal are exceedingly unlikely to voice any opinion about the abilities of the examining doctor and, as there's a one in three chance that the doctor on the panel also works for Atos, they are unlikely to criticise the company that hires the examining doctor either.

Good luck,

Steve