ESA medical nightmare

hi i am new to this site and was wandering if anyone could help me. i will try and keep it as short and to the point as possible.
unfortunately in january 2006 i was admitted into A&e with a MASSIVE disc prolapse which needed immediate surgery to stop me from becoming paralysed. i had a spinal decompression on L5 S1 which left me with severe lower back pain and weakness in my legs causing me to fall without any warnimg etc. since then i had numerous epidurals and nerve root blocks but with no success. in sept 2009 nmy consultant decided he was going to do a spinal fusion but during the surgery the dural nerve was cut and this was repaired but has left me with no feeling in my right foot and lower leg.
i still have chronic lower back pain and am on controlled drugs to help with the pain. I have now found out that i have problems with my uper spine which has left me with no sensation in my hands and fingers.
Anyway all through this time i have ben working but because of the on going problems i was taking time off work due to pain etc. unfrotunately it got so bad i've not worked since last july. in march i was told by my employer i will have to claim ESA.
i had my medical yesterday and during the examination i was asked to stand up. i explained to the nurse that i cannot stand without my crutches as i am likely to fall. she asked me t stand with 1 crutch and asked me to move my arm. on doing this what happens? my legs give way and i fell backwards and really aggravated the pain in my back. following the fall she continued with the examination with me sat in a chair. i explained to her that this happens regularly and without warning.
I am really concerned about this as i have aggravated the pain and also should the examination have continued.She then advised me that i will be called in again at a later date for the work related interview.and that was the end of that. i feel really angry and feel that given my previous history and information the DWP have regarding my disability( i receive DLA) did i have to really go through with this. also who do i complain to and if i complain would it affect the outcome of any decisions,. any advice would be really appreciated

Arshad ..Your treatment was abominable, clearly in breach of the first tenet of medicine – “first do no harm”-
From the Code of Practice Guidelines www.cpag.org.uk/esa/mstd_esa_hbk.pdf
The claimant must be able to undertake all activities safely. If a person with vertigo is physically able to bend to touch his knees but in so doing falls over due to giddiness then he should be considered incapable of performing that activity
The activities do not have to be performed without any discomfort or pain. However if the claimant cannot perform an activity effectively because of pain they should be considered incapable of performing that activity. There are other guides for HCPs but I can't find them at the moment.
I personally would get it checked out and recorded by your GP as soon as possible in case there are complications later and also as evidence if you want to pursue the complaint. They have a duty of care and having the information with your records as to your condition seems good grounds for negligence.
Really I would try to chase this up using a “no win no fee lawyer” for the pain, distress and possible further damage caused, that way they would think twice about it next time.. either way you should get it checked out if you can..

Hi
thanks for your reply, i did actually see my GP this morning and have been asked to have xrays done which has been booked in for later today. It has really aggravated the pain in my legs and back. i really feel let down and just wander are Atos actually really concerened about a claimants health or just to get you out of there asap. if anybody has the number for complaints about Atos i think it is only right i put a complaint in as my GP has suggested it is wrong for them to have asked me to do something like that after i told them it would be difficult and it was on the claim form that this can happen too.
thanks in advance

Arshad.. this is ATOS website which includes those details below..good luck

www.atoshealthcare.com/index.php?option=...enquiries&Itemid=226

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Tel: +44 (0) 113 230 9175

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