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Personal Injury

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  • Personal Injury

    Hello,

    Over 2.5 yers ago I was injured at my local gym whilst under the supervision of my PT.

    My back has been badly damaged and I have been unable to work since.

    I am a self employed IT Project Manager and was in-between contracts when the accident happened, but have been unable to work since

    Due to the nature of what I do I have subsequently become deskilled and this has impacted my career and earning capacity.

    Re my PT;

    He failed to complete a PT training plan for me

    He failed to carry out a PARQ to assess existing injuries, despite me verbally advising him of a weak back, old break to my left knee, and an operation due on my right knee.

    He has lied on his insurance response form stating he asked for my medical report before we started training but timelines show he didn't, and only asked for this form after the accident

    He states he knew nothing about my injury, but sent me a text the next day after the injury asking 'how was my back'?

    He claims he produced a Personal Training Plan but has now deleted it!!

    He claims the gym in question does not have the necessary equipment to carry out the exercise we were doing (back squat), but as a fully qualified trainer is or should be more than aware that the exercise despite he implying this requires a machine the gym didn't have, can be completed with free weights, but despite this I have a written letter from the gym stating they do have this machine required and have free weights!!

    A full physio report from Harley Street had been obtained from the countries leading physio therapist who states throughout his report that it is his belief that the PT has failed in his duty of care to me as his client to have carried out a full medial check before beginning training, and his failure to produce a personal training plan also shows a complete failure in his duty of care towards me.

    The gym are not accepting any responsibility.

    The PT has full cover on his insurance.

    I have not been able to do any of the sporting activity I would normally do, and have lost out not only on earning but holidays etc and am still on some pretty heavy hitting pain medication, including morphine and serious nerve blocking drugs.

    I have had numerous scans medical appointments etc.

    Can anyone shine any light on other considerations and or the likely hood of success in this matter.

    It is currently with my solicitor and a barrister.
    Tags: None

  • #2
    Why are you creating a second thread?

    Comment


    • #3
      I forgot I had posted before, but does it matter?

      Comment


      • #4
        You get people wasting time by posting without seeing answers on the other answers

        Comment


        • #5
          Ok thanks. Additional related question

          itís now 2.5 years since the incident and I have the support of a Harley street physio that supports my concern of a failed duty of care by my PT. I am now being asked to see a medical expert which is fine but I am wondering what they can assess 2.5 years later and what the purpose of this examination is. I am still on medication and will never again be able to do what I enjoyed including my work because of pain and the drugs I take make me sleepy and I cannot drive when using them

          just not sure what an examination will show now

          Comment


          • #6
            Ha ha ha ha ha ha. Talk about touting for business. Apart from anything else you are in America. Go away and push your businesses elsewhere, its cheap and disgusting.

            Comment


            • #7
              Originally posted by NOCAB View Post
              Ok thanks. Additional related question

              itís now 2.5 years since the incident and I have the support of a Harley street physio that supports my concern of a failed duty of care by my PT. I am now being asked to see a medical expert which is fine but I am wondering what they can assess 2.5 years later and what the purpose of this examination is. I am still on medication and will never again be able to do what I enjoyed including my work because of pain and the drugs I take make me sleepy and I cannot drive when using them

              just not sure what an examination will show now

              I thought from your other thread that you had engaged a solicitor and barrister to represent you(?). Ask them as presumably it is they who are asking for the expert's report.

              (I'm sure the medico-legal expert commissioned by your lawyers will have access to your medical records both before and after the injury. As an expert they will draw their own conclusions - based on their experience - from a physical examination of you now and your previous records as to (1) how much the injury affected you at the time and (2) to what extent you have recovered or are still impaired by the injury. Basically it will help to establish that the injuries you suffered are consistent with the exercises you describe, and the extent of those injuries. Without a physical exam by a medico-legal expert your personal injury claim against your trainer is going nowhere)

              Comment


              • #8
                Can somebody from the site team merge this thread with the original one? It all needs to be in one place...

                Comment

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