26^th February 2013

Hello again, it’s me, Peggy

In my last blog I told you about the happenings in the Worksop County Court when Alfred Sevier (Nelsons) Solicitors were acting on my case, and subsequently in the Lincoln Combined Court when I had to act as a Litigant in Person due to Sevier (Nelsons) refusing to act on my behalf.

In Worksop Court Ms Reynolds had agreed with the Judge and the Defendant’s solicitor to interview witnesses (those employed at the Bassetlaw Hospital) and who I had served witnesses summonses on them to appear in Worksop County Court in my Pre-action Disclosure of Medical Records Issue. All four witnesses had seen and considered the 19/08/91 LAT View X-ray of my Right knee showing the bony lesion on the medial aspects of my Right knee in that film.

To show you that what I am saying to you here is true, about the way I’ve been treated by solicitors, and in this case Alfred Sevier, I am copying below two letters to Ms Karen Reynolds dated 15^th and 16^th September 1999. You should find them self-explicit.

Furthermore, and to show that all the solicitors instructed on my case were not working within my interests, and I quote from the letter to me dated February 25 1998 from Mr Harris, Orthopaedic Surgeon in Harley Street where Mr Harris said; Dr Mourad’s report said “There could be loose bodies within the joint.” This refers to the Right knee. This is the same as the loose fragment over the medial aspect of the knee reported in the letter 19.7.96 and the x-ray 19.8.91.

Mr Harris confirmed that the loose fragment could be seen in the 19.8.91 x-ray and I had wanted the witnesses, those who I had summoned to court to give evidence that a LAT View x-ray of my Right knee did/had existed, and that it was just the Bassetlaw Hospital Trust who were denying this to be the case. I was being denied this option by both the Judge and subsequently by my solicitor Karen Reynolds by her refusing to interview those witnesses.

Again, there is much more on this matter and later I am going to expose Mr Tim Slow, solicitor at Gosschalks Solicitors of Hull, who had agreed to take on my case in November 1999 under my Legal Aid Certificate but then refused to represent me in the Lincoln Combined Court in December 1999. I even had to represent myself at the Appeal Court in London on 6^th April 2000 where and when the Judge (Lord Justice Mantell) refused my appeal but did go on to say that Mr Harris had given it to me, in his letter to me dated February 25 1998, and I should tell my solicitor this he said.

When I told Mr Slow what Lord Justice Mantell had said about Mr Harris’s letter, he just said that he did not agree with Lord Justice Mantell, and he went-on over the year to screw-up my case!

I can tell you here that every solicitor who accepted my case (and there has been many over the years) first agreed that there was a case for Bassetlaw Hospital Trust to answer but once they had spoken to the Defendant’s solicitors (Kieran Bhogal and then Nicola MacKay) at Beachcroft Wansbroughs Solicitors of Sheffield, they changed their minds and went on to try and close my case down.

Before I sign-off today I will have to tell you about the time (14:30hrs on 23/2/2001) when I attended an appointment to see solicitor Mr Booth, at Taylor Simpson & Mosley Solicitors at 32 The Rope Walk Nottingham. My husband and I were there for over an hour with Mr Booth while he made notes and completed a Legal Aid Form for me to sign. Mr Booth was more than happy to take my case on under Legal Aid funding but at the end of the meeting my husband just happened to mention that Charles Gillott of Irwin Mitchell Solicitors in Sheffield had been instructed on a previous case. Without hesitation, Mr Booth jumped-up, tore-up the completed Legal Aid Forms, gave me my files back and turned and said; “This conversation has not taken place and you have not been here”. He quickly escorted us off the premises. Why I wonder, he never did say why?

At a subsequent Legal Aid Appeal Hearing my husband presented them with a transcript of the aforementioned meeting with Mr Booth, and whilst they were absolutely gob-smacked they did nothing about Mr Booth and his misgivings as a solicitor having Legal Aid Franchise.

This true story continues

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22^nd February 2013

Hello again, it’s me, Peggy

In my 14^th blog, on 19^th February, I referred to solicitor Karen Reynolds of Alfred Sevier (Nelsons) Solicitors (who had represented me in the Worksop County Court on the Bassetlaw Case on 28^th July 1999) and who had agreed with both the judge and the Defendant’s solicitor for a 3-months adjournment as this would give her time to interview the witnesses in exchange for me withdrawing the Witness Summonses that I had filed into the Worksop County Court at a time when I had conduct over my own case.

Just before Ms Reynolds entered the courtroom my husband and I saw her switching on her sound recorder to allow her record the court hearing, so I was aware that she would have reference to her agreement in court when I wrote to Mr Richard Nelson, and the reason for mentioning it to him in my letter of complaint dated 22 October 1999. In the eighth paragraph of my letter I referred to her making a sound recording of the court hearing, which can be seen on the second page of my letter copied below.

The Worksop County Court case number was WS802466 and it had been put onto Multi-Track by District Judge Maw in Worksop but what struck me as strange at the onset was that His Honour Judge Inglis told me that I had been misinformed but that he was not at liberty to advise me. It turned out later that Nelsons had created another Claim Number on 1^st November 1999 which had misled me. However, I will fill you in on this when I get onto when Gosschalks Solicitors of Hull had conduct of my case, which was actually November 1999 but they had refused to represent me at this Lincoln Court Hearing in December 1999.

Anyway, when in the Lincoln County Court Hearing on 18 December 1999 I brought the matter up about Ms Reynolds and her wiring herself for sound in July 1999 when she had represented me in the Worksop County Court. The judge (His Hon Judge Inglis) looked very annoyed at what I’d said. He said “what, she wired herself up”? The judge pick-up all the case files and slung them down to the end of his desk (Bench), he then scooped-up all of his gear and put them into his briefcase, then turned and left the courtroom.

Nicola MacKay, the solicitor from Beachcroft Wansbroughs Solicitors in Sheffield, who had been acting for the Defendant before they lost their contract with the NHS for acting on NHS Clinical Negligence Litigation work, turned to me and said; “has he gone to make his judgment?” I said no you daft bat, he’s bloody gone home, and the Clerk went on to confirm it!

I had been surprised that the Judge had allowed Nicola Mackay to attend the hearing in any event because at on the onset of that hearing she had noted to the Judge that she was attending the hearing in an “Observer” capacity only.

It looks as if there is one rule for the lawyers and another for us commoners when it comes down to making sound recording of court hearings. It’s not much more than 12-months or so that an old gent was sent down for 3-months by a judge for making a sound recording of his court hearing. However, I note that this was not the case in Karen Reynolds case!

This story continues ……

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19^th February 2013

Hello again, it’s me Peggy

My blog today is about Solicitor Karen Reynolds who at that time (July 1999) worked for Alfred Sevier & Sons Solicitors (Nelsons Solicitors) and when we attended the Worksop County Court she wired herself for sound.

I mention this incident here because I had seen Ms Reynolds switching-on her sound recorder in reception area and just before her entering into the Court Room.

Because the following persons I am mentioning here had all seen and/or had explained the now missing 19/08/91 LAT VIEW X-ray of my Right knee showing the bony lesion, to my husband, I had issued summonses for Radiologist Mr Grainger, Records Clerk Mrs Patricia Hewitt, Radiographer Mrs Carole Perry and Orthopaedic Surgeon Mr Zeraati  to attend the court to give oral evidence in court in the missing 19/08/91 LAT VIEW X-ray disclosure issue.

After the court hearing I asked Ms Reynolds when she was thinking of interviewing the witnesses and she retorted by telling me that she did not think her so doing was appropriate, and she would not be interviewing them. I had been duped in court by my own solicitor!

See below where Seviers wrote to the court in a letter dated 4^th August 1999 about the conditional agreement regarding the Applicant (that was me) withdrawing the witness summonses. Once again, it was a trick. There is more evidence in my files about Reynolds and Saviers and I intend blogging about them later.

Re: TREATMENT/NON-TREATMENT

Just to show you that I am not kidding you, here’s more about litigation, Court case and legal issues being written in my medical records files at the various hospitals that I had had the misfortune to be referred to by my GP.

Take Mr Brown, (please do, the arrogant man) Orthopaedic Surgeon at the Sheffield Teaching Hospitals NHS Trust. At the appointment with Mr Brown at the Sheffield Teaching Hospitals NHS in February 2001, he had agreed to operate on my Right knee to remove the bony lesion which was situated on the medial aspect of my Right knee. He had insisted that if he was to operate he was going to do it by administering a General Anaesthetic as opposed to a local injection into my knee as Mr Bickerstaff had advised me should be done when at the appointment with him at the Sheffield Teaching Hospitals NHS Trust on 17 October 2000.

It was and it still is my understanding that a patient can even request an epidural if that is what they feel more comfortable with. However, Mr Brown went loopy and insisted that if he did the operation it would have to be under a General Anaesthetic. I felt that due to the hostilities I was receiving from these medics if I had a general Anaesthetic I would never come round from the operation. It is a well known fact that Medics bury their mistakes!

I waited for the appointment date and when I didn’t receive one I contacted the hospital in March 2001only to discover that he (Mr Brown) had taken me off his waiting list. I had accessed my medical records in March 2001 only to discover what they had written on my notes.

See Clinic Note for 2/2/01 copied below where at the bottom of page it is written “suspend pt until she contacts us re accepting JNB terms of surgery”.





 

Furthermore, see copy of the Computer printout where at “Reason” 13 it states “Treatment not required and also a copy of my faxed letter dated 18 March 2001 to Mr Cash, Chief Executive.

The abovementioned are still contained within my medical records as held at the Sheffield Teaching Hospitals NHS Trust, and the reason I cannot obtain treatment at that hospital.

In my next blog I intend returning to the matter of my refused referral to Mr Blundell, Orthopaedic Surgeon, by Mr Blundell, in May 2009, and what he has written on my notes at the Sheffield Teaching Hospitals NHS Trust.

There's more, see you later ....

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14^th February 2013

Hi again, it’s me, Peggy

So you can see that it’s not just me who is ranting on, about the shear negligence come up against in our health care system, I wish to refer you here to the Rotherham Advertiser Friday 9^th September 2011 on page 4 where Reporter Phil Turner wrote an article on “Complaints soar against surgeon”. Mr Bhamrah had done dozens of botched hip replacements at the Rotherham District General Hospital (Rotherham NHS Foundation Trust).Not only Bhamrah, but according to my sister’s operation and others, by at lease one other surgeon who followed him.

Whilst I cannot believe what they’ve done to others, I am convinced (due to evidence) that what has happened in my case has been enhanced due to the then pending litigation. I am exposing my case now because from what Consultant Mr Paul Cooke told me, at the consultation in Oxford on 15^th May 2009, that due to the time lapse (since my having the botched Guanethidine Pain-Block Procedure in 1993) there is nothing further that can be done, and I now have to lean to live with the problem of pain and getting around on crutches for the remainder of my life.

Phil Turner reported:

HOSPITAL chiefs came under fire this week over the treatment of two patients who were NOT treated by controversial consultant Mr Manjit Bhamra.

Pensioner Sylvia Hanson claimed that she was left disabled after a botched hip operation but the operation was not one carried out by Mr Bhamra. The 75-year-old said-that her hip operation had gone wrong two years ago. "I can't walk about but all they say is that it was a stretched nerve, but because I had a back problem beforehand they tried to blamed it on that," said Mrs Hanson, -of Swinbourne Place, Herringthorpe. "I think they should be more careful. The surgeon made a right mess of my life. "I have to wear a splint on my leg and no feeling in my foot. My leg is very tender, even from the bed clothes.

phil.turner@rotherhamadvertiser.co.uk

"I've spoken to a number of people who've had problems, so it's not just one surgeon." The Advertiser was also contacted by Mrs Monica Barnes, of South Anston, about her sister's treatment.

Mrs Barnes said: "My sister Kathleen suffered a fall at home in October 2008 and was admitted to Rotherham General Hospital (RGH) where she underwent an operation for a hip joint replacement. "She was allowed to fall out of bed on no less than three occasions within a period of about 30 days.

When I complained to RGH about the way in which Kathleen was being treated I was barred from the hospital by the then ward matron. "The only way in which I could see Kathleen in hospital was to have my solicitor draw up a document for another member of my family to obtain Kathleen's signature on the solicitor's letter confirming that she wanted to see me”. Kathleen never did walk again and sadly she died in a Rotherham nursing home just a year ago at the age of 75. "Unfortunately, I was informed that I was not Kathleen's next of kin and, therefore, I had no authorised input into her care.

"However, had I known then what I know now about botched hip operations being performed at RGH I would have totally disregarded the aggravation I received at that time."I would have vigorously pursued and insisted in having further investigations into the healthcare my sister Kathleen was receiving at that time at RGH."

Rotherham NHS Foundation Trust said that it would not comment on individual cases but urged patients to make formal complaints so that they could be investigated.

Another issue, one I have mentioned before but what I have discovered on perusing my sound recording library is where (in recording ref. DW_A2927) Physiotherapist Andrew Sweeny (Rotherham Physiotherapy Centre) confirmed to my husband at 12:52 hrs on 30/11/2007, that medial aspects when referring to the knee definitely means the side of the knee nearest to the other knee. You will recollect from an earlier blog that Mrs Dr Howard (Radiologist) at the Bassetlaw Hospital said there were loose fragments on the medial aspects of my knee but medial meant inside the knee joint. I allege that the aforementioned by Dr Howard was done to mislead with intent to pervert the course of justice in my case!!

Andrew Sweeny had been treating my Right knee on a private paying basis in 1996/97 due to them at the Bassetlaw Hospital categorically refusing to treat my Right knee problem at that time.

There’s lots more to come …. 

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10 February 2013

Hello again, it’s me, Peggy

I attended the Rotherham District General Hospital A/E on 16 August 2008 due to having a painful Right foot (Sound Recording Ref; DW_A3830)

I saw the A/E doctor, Dr Reddy? He advised me that I had suffered a fracture of a bone in my Right foot and he showed us this in x-rays and explained same. He referred me onto Fracture Clinic with an appointment made for Monday 18/8/2008, and recommended no POP Cast due to the possibility of DVT, and no weight bearing.

At the RDGH Fracture Clinic on 18 August 2008 (Sound recording Ref: DW_A3833) I saw Consultant Mr Tambe. He reviewed my x-rays and diagnosed Osteoporosis and a fatigue fracture. When he was asked about a previous diagnosis of the narrowing of the joint space in my Right ankle he said he hadn’t ordered any x-rays of my ankle only my foot. Now he had the x-rays on his computer screen and I was aware that the A/E doctor had x-rays taken of my Right ankle. Why should he lie to me?

Contrary to the A/E doctor he recommended POP Cast, and no weight bearing for at least 3 weeks.

I returned to the RDHG on 08 September 2008 (Sound recording DW_A3922) and the consultant suggested my pain was due to an old fracture – (DW_A3922 position. 3.10) where he had the pop cast removed and recommended no pop cast (pos 4.30) because it could make matters worse – he instructed for a fibreglass expandable slipper to be fitted for next few weeks, and suggested I let everything just settle down because it was a complicated problem but he did not explain in what way it was complicated. He mentioned the controversial diagnosis RSD and recommended  partial weight bearing and to weight bear when possible.

I was advised by a solicitor in 1996 that he had often come across the term RSD (regional Pain Syndrome) as used by medics when they either don’t want to inform the patient what is actually wrong with them and/or if in fact they don’t’ actually know what is wrong.

I have also learned since that RSD is a very controversial diagnosis, and a book on RSD and Orthopaedic knee trauma was written by Mr Phillip Fagg at the Bassetlaw Hospital. It was first used on me by Professor Dandy in Newmarket Hospital when he discovered I had entered Mr Majumdar into litigation in 1989/90, and again by Mr Verinder in July 1993, when at that time he had the LAT VIEW x-rays of my Right knee on his illuminated display panel and the bony lesion was clearly to be seen on the medial aspects of my Right knee in that film, yet he diagnosed me as having RSD in my Right knee and failed to advise me of the bony lesion.

However, back to the RDGH (sound recording DW_A4024 + 4025) Mr Kocheta diagnosed the bones of my Right foot as being very thin (DW_A4025 position 3.30).He discharged me from his care on 29 September 2008 and referred me for physiotherapy.

Strangely, when the bony lesion was removed from my Right knee by Mr Bickerstaff on 22 November 2002, my knee became pain free in that area of my knee in a matter of weeks, and so this proves my knee pain could not have been due to RSD but that it had been due solely to the bony lesion.

I am now diversifying a bit:

It was not only me, the Rotherham District General Hospital also lacked due care when treating my 74-year-old sister when she was admitted after a fall in October 2007. They had fitted her with a replacement hip-joint, and then she was allowed to fall out of bed no less than three times in a period of 30-days. It looked like she’d been in a road traffic accident. When we visited my sister we were so shocked at the state of her that my husband did ask my sister and also the attending nurse, if he could take photographs of my sister’s plight and they both agreed.

At one time when visiting and my sister was not improving, a friend of hers who was visiting her at the same time informed me that he had overheard nurses talking about my sister and apparently they were saying a wrong size hip joint had been fitted.

When we sought answers as to what had happened to my sister they were not well pleased. We subsequently received a telephone call the next morning from Matron, who informed my husband that we had been banned from attending the hospital to visit my sister. My husband contacted the Rotherham Advertiser Newspaper and spoke to one of their reporters whom we knew from reporting on my own case.

When the reporter phoned us back on 29/11/2007 he informed us that he did not believe they had the power to stop us visiting my sister. However, he did say that he had spoken with someone at the hospital and gathered, from the ensuing conversation, that what had happened was due to them been aware of our past track record with the hospital. They used the fact that I was not my sister’s next of kin to prevent me from complaining about her care. I even had to obtain a letter from my own solicitor for my sister to sign before I was allowed to visit her again at the RDGH. The manner in which my husband and I were treated by the RDGH was appalling.

My sister, of course, never walked again and was eventually discharged into a care home where she passed away.

My husband had had cause to be referred to the RDGH in 2005 for an operation but had basically been put-off with excuses about heart problems. He was re-referred in May 2010 for the same problem which had become much worse, and, yes, he was put off yet again but not before being prescribed Liptor Statins by Dr Louis. He did this after I myself had advised him how my husband was intolerant to Statins and how previously they had made him very ill. However, he assure us that these were different but three weeks later (5 September 2010) my husband suffered what our then GP diagnosed as been a stroke. Our GP did not use the “FAST” code and order a “Blue Light” he just stopped my husband from driving and made him some routine appointments for scans at the RDGH which took place some ten days later.

When we reviewed my husband’s medical records at the hospital we found reference in the referral letter dated 24 May 2010 from Mr Lambertz to Dr Louis informing him that my husband was still around to tell the tale, and it appears fit enough for repair. “It” being my husband!

He found that he was still being put off by the RDGH from having the operation so he asked to be referred to the Sheffield Northern General. Whilst his operation had become more serious through the time delay in getting it done at the RDGH the treatment he received at the Sheffield Northern General was Gold Standard from the very beginning to the time he was discharged.

More later …..      

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6^th February 2013

Hello again, it’s me, Peggy

I’ve been digging through my case files again and I was hoping to move onto another section of my case today but I am still finding things in the MKB files that are giving me “Flash Backs” to what they’ve all done, in what I allege was with intent to pervert the course of justice in my case.

On October 19^th 2004 solicitor Mr Brain of Mills Kemp & Brown solicitors in Barnsley wrote to Stark Costing Services, Bury St. Edmunds, asking them to prepare a Bill of Costs for Legal Aid assessment. I am inserting below page 4 of 4 of his letter. You can see at that part in his letter on page 4 (copied below) sub-headed Instructions, that Mr Brain has the cheek of the Devil himself by asking for 75% uplift in his costs because, he says, Mrs Barnes (and her husband) have been without doubt the most difficult clients he has ever encountered.

What in fact he intended happening by him so doing was that he intended using up the funding limitation on my funding certificate, which I allege was with intent to overbalance the funding/case costs Ratio. Once the Ratio exceeded the LSC set Ratio it would have resulted in my claim becoming unviable for public funding.

I don’t think a solicitor, one who is funded under a Legal Aid Certificate, can be paid more than a standard amount per hour by the LSC, and certainly not on the basis that his/her client has been found not to be a push-over??

I think what he really meant was he found me (and my husband) difficult to control, when he was trying to prevent my case progressing to court and me having legal representation for that to happen.

 

During the course of my claim Mr Brain had obtained copy x-rays from the various hospitals of which I’d had the misfortune to visit. I will mention these hospitals in more detail later. However, apart from him obtaining copies from the Bassetlaw Hospital and for which the Bassetlaw Hospital had been duly paid those x-rays formed part of my case files and should have been passed onto either the next instructed solicitor or onto me personally.

Thing is, he even sent my own x-rays onto Nigel Clifton, the then Chief Executive at the Bassetlaw Hospital, at the personal request of Mr Clifton. Those x-rays and scans of which I had purchased myself and/or was done on a private paying basis (Claremont Hospital MRI Scans etc) and which I had loaned to Mr Brain whilst he had conduct of my case. The cheeky devil and that’s not to mention his breach of the Data Protection Act.

Now I’m not talking about a local butcher just making a mistake here, (sorry Mr butcher) I’m talking about a solicitor whose specialism is Clinical Negligence Claims, so Mr Brain knew dam well that what he was doing was well out of the order of things. And, probably it was flying in the face of the Solicitors Code of Conduct Rules apart from anything else??

See copied below the MKB letter dated 15 December 2005 that accompanied my x-rays and scans from MKB to the Chief Executive of the Bassetlaw Hospital:

On 9 February 2006, at a time when I was at Dicksons Solicitors, Hanley, Stoke-on- Trent, we telephoned Mr Brain’s secretary to find out where all my x-rays and scans had gone as they were not to be found in the MKB files as sent to Dicksons Solicitors via Peter Maughan’s Solicitors in Newcastle-upon-Tyne. Mr Brain’s secretary said she thought they had all been sent onto the Chief Executive at the Bassetlaw Hospital but that she would check and phone us back.

Subsequently, Mr Brain’s secretary left a message on our telephone answering machine the same day. You can see from this paragraph alone that I have travelled the country to try and obtain a straight solicitor (one who was not prepared to cover the backs of their colleagues in the profession) to handle my case but I have yet to find one. In any event, see copied below the transcript of Mr Brain’s Secretary’s recoded message:

This true story continues …..  

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4^th February 2013

Hello again, it’s me, Peggy

Still on the matter of maltreatment by my instructed solicitor, Here is some proof that my solicitor, Mr Jonathon Brain of Mills Kemp & Brown Solicitors in Barnsley, fraudulently squandered my public funding allocation with the sole intention of getting my case closed down.

I can show you here just how far Jonathon Brain was prepared to go to prevent my clinical negligence case being successful. He even went as far as to draw-up documents for a defendant named on my Legal Aid Certificate. You can see from the copy Legal Aid Certificate in my last blog that Mr Zeraati, Orthopaedic Surgeon at the Bassetlaw Hospital, was named on my Certificate as a defendant.

You can clearly see from what I am posting below, a copy of the front page of the DISCLOSURE STATEMENT that it shows Mr Zeraati as being the Respondent , and further, the front page of the ORDER shows the Order been between MONICA BARNES and MR ZERAATI. At the foot of these documents you can see the Doc Ref: 1305790208 pages 1-5 on the Disclosure Statement and Doc Ref: - 1394771456 pages 1-3 on the ORDER. I can assure you that these are Mills Kemp and Brown document references.

Mr Jonathon Brain of Mills Kemp & Brown Solicitors drew-up these Court documents for Defendant Mr Zeraati in May 2003 whilst having conduct of my case under the terms of my Public Funding Certificate DUORNAYY1943/A/W/8. Note also that Mr Brain drew-up these Court documents under Barnsley County Court Claim No. BY300267 when my case was being heard in the Barnsley County Court under Claim No. BY301060. Now if that is not fraudulent what is??





One wonders where the Hippocratic Oath for medics comes into the equation, but there again, when my husband challenged our then GP about the Hippocratic Oath when I was being refused referrals, he told us that it was just something they dreamed-up in the Jungle many years ago, and they don’t abide by that anymore. 

More of this true story to come shortly, ...............   

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