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Follow Barrister's advice, or not?

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  • Follow Barrister's advice, or not?

    Hi, hello to you al.
    I'm looking for some help/advice with my current predicament. I have 2 medical legal reports for injuries I received in a vehicle accident. These reports include false claims, firstly I removed a cast from my injured arm & secondly I missed follow up appointments. Once I found out these claims were taken from my hospital records, I filed a complaint. I have since received an apology from the Trust for both these claims.
    These reports still need to be amended but my legal time want to submit the reports as evidence for my compensation claim.
    I do not agree with this course of action as I believe it will undermine any claim I have for the injuries I recieved.
    What do you think I should do?

    Mick
    Tags: None

  • #2
    As a former personal injury solicitor, now running Solicitors Near Me UK, my advice would be to sit down and talk this through with your own solicitor, if you haven't already done this.

    Explain your concerns and ask them to justify why they believe these points won't damage your claim.

    You could ask them to have the medical reports amended now you have the apology from the Trust, which may solve the problem for you (although it might take a while).

    Nick

    Comment


    • #3
      As above - you need to ask your solicitor to explain to you in what way submitting the uncorrected medical reports will assist your case.
      (Apologies for asking, but is there a language barrier here, as I found your post a bit difficult to understand? I assume you mean that your medical records originally showed two things that were incorrect. First, that you had removed a plaster cast from your arm yourself, but this is untrue, and second, that you failed to attend subsequent hospital appointments - also untrue. You became aware of these errors in your records, alerted the NHS trust concerned, and they apologised for the error. But you don't say whether they have corrected these errors?)



      If the medical records have already been corrected by the NHS trust, why can't those corrected records be submitted? If they haven't been corrected yet, doesn't the letter of apology from the hospital explain what has happened? Or get a letter or witness statement from the hospital saying it was their error?

      In any case, you need an explanation from your solicitor. If you are unhappy with their response, aske them to put it in writing.

      Comment


      • #4
        Originally posted by solsnearmeuk View Post
        As a former personal injury solicitor, now running Solicitors Near Me UK, my advice would be to sit down and talk this through with your own solicitor, if you haven't already done this.

        Explain your concerns and ask them to justify why they believe these points won't damage your claim.

        You could ask them to have the medical reports amended now you have the apology from the Trust, which may solve the problem for you (although it might take a while).

        Nick
        Thanks for your reply Nick. I'm in the process now of trying to get these 2 reports amended. I've asked the solicitor to produce the evidence that he has actually contacted these consultants with regards to amending said reports. 4 weeks have gone & still no proof, therefore I'm pursuing this myself.
        I did sit down with my solicitor & he agreed the reports should be amended. Since that meeting 4 months ago he has assigned a barrister which he has worked with previously. The advice to push on with the reports seems to come from this barrister.
        I have informed him I will in no way be signing reports that I know contain factual inaccuracies. As this could be an actual contempt of court. Also any barrister who has an once of wit would argue, quite rightly imo: If I signed the reports, then I must be happy that the contents are correct & factual. Therefore why am I raising an issue with them, why did I not have them corrected!
        The solicitor seems determined that these points regarding the inaccuracies can be dealt with at a later date.
        The point I made to him is the scenario I just quoted above.

        Mick.

        Comment


        • #5
          Without knowing more, I'd be of the same opinion

          Comment

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