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What is required to change Particulars of Claim

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  • What is required to change Particulars of Claim

    Please can I get some advice re the following?

    I was injured in an accident at work in July 2009 and have reason to believe there may have been medical negligence following my attendance at A&E. Solicitors were instructed by my union but have never seemed to be particularly efficient with regard to my claim and have always disregarded my assertion of medical negligence. In about August last year, they sent me a Particulars of Claim which I was instructed to read carefully and inform them of anything I wanted alterred. I returned it saying that they had omitted significant key facts of how my work-related injury occured. The solicitor said he had already filed the Particulars, which could not now be altered. The form is for damages of between £1 and £4999 and they filed the claim in a town at least three hours driving from where I live. My injury is suposed to be "dry eyes" but there are a number of inconsistencies in the medical records and particularly in the medical report obtained more than three years after my accident. I refused to allow the medical report to be divulged to the defendant, and turned down their offer of £1000 in "full and final settlement". The solicitor has now contacted me to say my case will be "heard" in about a years time and is likely to be dealt with over the telephone.

    I have had substantial illness over the last 2 1/2 years that may or may not be connected with my eye injury and have been unsuccessfully trying to find out about my injury via the NHS complaints process. My sight has deteriorated and going for a routine (private) eye test, I was sent for a specific form of eye scanning that investigates the retina (again private). The scan revealed damage to the retinas of both eyes and eye nerve damage. Naturally I am worried sick about my sight but if the eye damage turns out to have been caused by or related to my 2009 eye injury, I am entitled to compensation and £1000 give-or-take is a totally unfair assessment.


    My priorities are to try to salvage my personal injury/potential med neg claim whilst at the same time try to get health care, investigation and treatment.


    Any practical advice would be greatfully appreciated. Thank you
    Tags: None

  • #2
    Re: What is required to change Particulars of Claim

    It can be altered with a form N244 but there would be a cost to it.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: What is required to change Particulars of Claim

      I would add that non disclosure of medical records will be an issue since you are claiming medical negligence.
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #4
        Re: What is required to change Particulars of Claim

        Originally posted by leclerc View Post
        It can be altered with a form N244 but there would be a cost to it.
        Cost is okay. I just need to try to salvage the claim.

        Thank you for the info

        Comment


        • #5
          Re: What is required to change Particulars of Claim

          Yes, I realise but I've been fighting this for a long time.

          Thanks for the info.

          Comment

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