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Top Disability related benefits topic #2691

Subject: "PCA medical examiner injures client" First topic | Last topic
gloslawcentre
                              

advice worker, gloucester law centre, gloucester
Member since
23rd Apr 2004

PCA medical examiner injures client
Wed 21-Dec-05 11:16 AM

I've been contacted by a claimant adviser at a Job Centre on behalf of one of their clients who's back was "put out" by a medical examiner who chose to manipulate it during the course of a PCA medical.

Following training organised by the Job Centre the client in question was on the verge of being able to find work again, but is now not position to do so.

Does anyone out there have any experience of suing DWP medical examiners for clinical negligence?

  

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Replies to this topic
RE: PCA medical examiner injures client, SLloyd, 21st Dec 2005, #1
RE: PCA medical examiner injures client, northwiltshire, 22nd Dec 2005, #2

SLloyd
                              

Welfare Rights Adviser/Trainee Solicitor, Thorpes Solicitors, Hereford
Member since
03rd Feb 2005

RE: PCA medical examiner injures client
Wed 21-Dec-05 12:00 PM

I dont have any direct experience of this but I can't immediatley see a problem with it. The usual negligence principles would apply..duty of care, causation and damage etc.

MEd Neg claims can be tricky and are a specialist area so I would suggest a referral to a specialist as soon as possible, the client will probably need to commission an experts report from a consultant and the longer this takes the harder it is to obtain proof of causation.

Legal Aid is generally not available for PI but there is still Legal Aid available for Meg Neg, if client is not eligable then s/he may need to try and find a solicitor willing to enter into a conditional fee agreement.

Hope this helps

  

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northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

RE: PCA medical examiner injures client
Thu 22-Dec-05 11:43 AM

The client should raise a complaint to the Medical services, but also the General Medical Council GMC.If you go on their website you will see GPs get into trouble for far less than what a lot of EMPs do.Also if injury bad enough can they persue a personal injury claim.

You may feel GMC is OTT but it doesnt seem to amount too much when internal complaints are made.

  

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Top Disability related benefits topic #2691First topic | Last topic