9^th March 2013

Hello again, it’s me, Peggy

I am taking you back to the time (1^st March 1999) when I instructed Mr Andrew Scott of Andersons Solicitors, 42 The Rope Walk, Nottingham. I had at this time, like those times I have already written about, been trying to obtain copies of the 19/08/1991 and 19/7/96 Bassetlaw X-rays (and more specifically, the 19/08/91 LAT View x-ray of my Right knee showing the bony lesion) in accordance with Pre-Action Disclosure of Medical Records under the new Lord Woolf Reforms. The Bassetlaw Hospital had at all times refused to disclose these x-rays albeit I had seen the 19/08/91 LAT View x-ray of my Right knee showing the foreign body on two occasions and my husband had seen it on three separate occasions and even been promised a copy after he had examined it himself together with two hospital staff on 3/12/97

At the onset of my trying to obtain disclosure of my Medical Records by the Bassetlaw Hospital, of which the x-rays formed part, I had sought the intervention of the Right Hon Mr Kevin J Barron MP, my Local MP, in December 1998 who was then Chair of The Health Select Committee and he had suggested that I should make an application to the court myself for pre-action disclosure of my medical records. I did as he suggested and the case number was WS 802466 and this Claim was subsequently put onto a Fast Track by District Judge Maw in the Worksop County Court, who confirmed that I had complied with the New Woolf Clinical Negligence Reforms.

Anyway, back to Andrew Scott at Andersons Solicitors.

On the 1^st of March 1999 Andrew Scott agreed to apply to have my Legal Aid Funding Certificate (A FULL CERTIFICATE as granted on 7/9/1998) transferred into his firm’s name as the instructed solicitor on my case. I handed to him a copy of my Legal Aid Certificate for him to transfer into his name. However, not many days had passed before Mr Scott started trying to scupper my case, and he actually sent me a bill for his time on my case when he was in the knowledge of the case having full Legal Aid funding. I did eventually receive a credit note from their firm but sending me a bill depicted their attitude in their solicitor client relationship.

Mr Scott was of the opinion that I wanted disclosure of the 19/08/1991 Bassetlaw Hospital X-rays to bring a case of Professional Negligence against Charles Gillott of Irwin Mitchell Solicitors in Sheffield, and it was as plain as the nose on your face to see that whatever solicitor I engaged on my case they were scared to death of upsetting Irwin Mitchell Solicitors for some reason, and one better known to themselves. Andersons were also seeking to obtain a general adjournment on my case but I had been advised against allowing this to happen.

Find copied below my fax to Andrew Scott dated 18^th March 1999 which referred to the details our meeting with him on 17^th March 1999. You should find it self-explicit.

 

I am copying below a copy of my letter of complaint dated 20/3/1999 to Andersons Solicitors, and without my going on about it here you should again find it self-explicit. However, in the letter I do refer to a BIG BOY and GIRL and that remark was aimed at Mr Kieran Colton (Medical Records Manager at the Bassetlaw Hospital) and the big girl being Ms Bhogal, the Defendant’s instructed Solicitor. They both thought they were big noises when it came to legal matters, and they thought that by them just saying the x-rays did not exist that that should be sufficient proof in itself. This type of attitude is what is wrong with our NHS, even to this very day.

I was still seeking a solicitor to represent my case in the Worksop County Court on 6^th April 1999, so I made an appointment with a Mr Simon Foote at Burton & Co in Lincoln. He agreed that I needed disclosure of the Bassetlaw X-rays and Medical Records and had my Legal Aid Certificate transferred into his firm’s name.

Mr Foote came across as a genuine solicitor and he actually wrote to the Legal Aid Board stating that my claim would attract punitive and aggravated damages. In fact I can say that he was the only genuine clinical negligence solicitor that I have ever had cause to instruct.

Strangely, not many days had passed it before I was informed that he had been involved in an RTA where there had been a fatality, and that he would not be able to represent me at the 6/4/1999 Court Hearing. Burtons intended sending in an Agent to get a general adjournment on my case, just like Mr Scott of Andersons Solicitors had wanted to do. This case started to read like something out of Martin Short’s “Inside the Brotherhood” novel. In fact I understand that a solicitor has to become a Freemason if he wants to work in the profession.

When I visited Burton & Co I discovered that Mr Foote’s name had been removed from the name plate at the front of Burton’s entrance. When my husband queried this with the receptionist she said it must have just fallen-off.

My husband posed another question to her by saying that it was funny that Mr Foote’s name had also disappeared from where it had been hanging from the staircase. However, she just shrugged it off. It was obvious to a blind man that something sinister was afoot. No pun intended.

Mr Foote, however, after my protesting by letter, did agree to attend the Court Hearing on 6/4/1999 and I consider that he handled my case well when in court.  However, it did not last long in that Mr Foote advised me whilst at Court on 6/4/1999 that he had actually left the firm of Burtons. He said that he would agree to obtain a Barrister’s Advice and have my certificate transferred into his new firm’s name. He subsequently telephoned with the firm’s name (Eking Manning of Nottingham) but he also advised me that he was not starting there until the middle of July but meanwhile a Mr Shock would have conduct of my case.

You will not believe what comes next …. This true story continues …. 

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