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Suing the NHS / GP. Advice on procedure please

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  • Suing the NHS / GP. Advice on procedure please

    An interesting case which I’d be curious to see what all you aspiring legalists think of. It’s not a typical NHS case because there’s no direct medical negligence but I think it’s a clearly valid case. I won’t bore you all with all the little details, but rest assured that there isn’t anything under the rug that goes against me here – it’s a pretty clear cut situation where everything is on record.

    I’m looking to sue my former NHS GP. My medical appointment had been cancelled because I refused to wear a facemask to my appointment in July 2023. When I went down to tell the receptionist that I would complain about him, the receptionist didn’t answer my question about why he was suddenly demanding that I wear a mask even though in previous appointments I didn’t have to. Instead, he just ridiculed me for accidentally getting saliva on the glass barrier between us, and then proceeded to say that I was being “aggressive” and “giving abuse.” This is all proven to be clearly false as I was making an audio recording of the conversation (his prior lying and hostility about the facemask policy was my justification for doing this – aka he had proven himself to be a hostile liar who I had protect myself from). The receptionist then threatened to call the police on me multiple times (he didn’t ask me to leave before this) and made a video recording of me on his phone as he asked this. I then left.

    The Practice Manager of the GP avoided giving me direct answers about the mask policy and the video when I was emailing him about this afterwards and tried to make out as if I was the problem. He eventually refused to respond further. I then complained to the NHS’s ICB but they allowed the GP to avoid properly responding to my complaint or acknowledge any wrongdoing. I’m currently waiting for the Ombudsman to review the complaint – both about the ICB and the GP. They’ve escalated it to being in the que as they know it’s serious, but it’ll take at least 7 months for it to be assigned to a case worker. I’m afraid to wait that long as I might be beyond the statute of limitations to make a claim which I know I have (it’ll be a year since the event in July). The video that was made by the receptionist was defamatory as it framed me as being someone who deserved to be threatened with the police, the act of threatening me with the police was distressing and clear harassment (weaponizing the police), and having medical treatment be denied because I wouldn’t wear a facemask was a violation of my rights. There was also the attempt to verbally humiliate and defame me by the receptionist, as well as the defensive and evasive response to the issue by the Practice Manager and the GP himself. All of this needs to be remedied via compensation, an apology, as well as a cease and desist over that defamatory video which now exists of me.

    Does anyone know what exact grounds and laws I can sue this GP / the NHS on? The applicable laws are the real ones that I’m interested in. Also, what’s the procedure for this? I’m planning on self-representing. Who should I send the initial Letter of Claim to and what format should the Letter be in? After that I imagine it’d simply be a Small Court Money Claim as I’m assuming that it’ll be less than £10,000 compensation. But who knows.
    Tags: None

  • #2
    What exactly do you wish to sue the NHS for? They were following the rules at the time I expect. An apology from the receptionist would be good if warrented I agree. Curious about your reasons for refusing to wear the mask (I hated them too but wore them when I had to...)

    Comment


    • #3
      As someone who achieved his aspiration to be a "legalist" 40 years ago, the best advice I can give you is to forget it.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        (deleting - replied to wrong post)

        Comment


        • #5
          Originally posted by islandgirl View Post
          What exactly do you wish to sue the NHS for? They were following the rules at the time I expect. An apology from the receptionist would be good if warrented I agree. Curious about your reasons for refusing to wear the mask (I hated them too but wore them when I had to...)
          Why do you expect that they were following the rules to make me wear a facemask in July 2023? And as you can clearly see - I was harassed, defamed and denied medical attention. This is the basis of the suit. Did you read my post?

          Comment


          • #6
            Originally posted by atticus View Post
            As someone who achieved his aspiration to be a "legalist" 40 years ago, the best advice I can give you is to forget it.
            FYI legalist =/= solicitor. So please save your snideness for someone else.

            Comment


            • #7
              Please follow your own advice.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by JJS123 View Post

                Why do you expect that they were following the rules to make me wear a facemask in July 2023? And as you can clearly see - I was harassed, defamed and denied medical attention. This is the basis of the suit. Did you read my post?
                I certainly did read it. As I said I can see you need an apology if things transpired as you describe. I can see you were upset by what happened. The practice could have done more to smooth this over afterwards perhaps by arranging a meeting with you. I am not sure there is a financial claim here though others may disagree. As I asked previously, was there a health reason for you not to just for a short time wear a mask if it allowed you to be seen?

                Comment


                • #9
                  Originally posted by islandgirl View Post

                  I certainly did read it. As I said I can see you need an apology if things transpired as you describe. I can see you were upset by what happened. The practice could have done more to smooth this over afterwards perhaps by arranging a meeting with you. I am not sure there is a financial claim here though others may disagree. As I asked previously, was there a health reason for you not to just for a short time wear a mask if it allowed you to be seen?
                  So an NHS receptionist makes a video of me on his phone threatening to call the cops and that's not a grounds for a lawsuit for damages? That video can be posted online at any future point. Then there's obviously the distress of someone threatening to call the cops - which IS harassment when it's not warranted.

                  The underlying thing here really - as it has been in other forums where I get this pushback - is that people assume that the NHS receptionist was acting reasonably and that therefore I was actually in the wrong. And of course the fact that people are so beaten down that instead of asking THEM why they were requiring someone to wear a mask in order to get medical attention, you think to ask me why I wanted to assert my right to not have to wear one. The NHS owes every NHS patient a duty of care and provision and this was denied. These are all clear grounds.

                  Can someone please, please, please just tell me what form template I need to make use so that I can send the NHS Trust in question my Letter of Claim?

                  Comment


                  • #10
                    Legally, harassment requires a course of conduct - 2 or more occasions causing distress.

                    I cannot see a legal issue arising out of making the video. There may be something arising out of any use made of it.

                    Here is a link to this forum's pre-action letters - https://legalbeagles.info/forums/for...-Before-Action

                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      Legally, harassment requires a course of conduct - 2 or more occasions causing distress.

                      I cannot see a legal issue arising out of making the video. There may be something arising out of any use made of it.

                      Here is a link to this forum's pre-action letters - https://legalbeagles.info/forums/for...-Before-Action
                      Well then even if it's not technically the legal definition of harassment, it's clear (if you actually believe me) that this NHS GP's employee acted in a way which is below the standard duty of care expected of him given his position working for the NHS and my position as a patient who was in need of treatment. This failure to adhere to the expected standard led to me feeling emotional distress. Emotional distress can be a basis for damages. I don't see where the fault in the logic is and if I made the claim under a general failure to uphold professional standards as per NHS policy then I don't see why this would be contentious.

                      Comment


                      • #12
                        You have just described your claim, should you wish to write a claim letter.

                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                        Comment

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