20^th April 2014 [Blog No. 51]

Hello again, it’s me, Peggy

As I said in my last Blog; during this Easter break and for those who have just started reading my blogs I intended doing a resume of all my blogs to-date, showing how I’ve been maltreated by the NHS, Department of Health, so-called Medical Experts and the Parliamentary and Health Service Ombudsman and solicitors alike. Whilst I now see that to be a mammoth task due to the volume, I am attempting to do some of it here now.

In August 1987 at the age of 44-years, Mr Majumdar (Orthopaedic Surgeon at the Parkfield Private Hospital in Rotherham) removed my Right knee-cap (Patella) due to, he said in his report, it being found to be Bi-Partite (in two pieces).

I had suffered recurrent dislocation of the patella in both my left and right knees after being knocked off my bicycle by two Great Dane dogs at the age of twelve.

My left knee problem had been the more serious of the two but it had been corrected at the age of 15-years by surgeons Dornan and Hertzog at the Rivelin Valley Hospital in Sheffield.

They had obviously performed the operation professionally because after the operation (bone and tendon transplant/transfer) and a stay in that hospital for about 6-months, my left knee became problem free. Whereas; after Pratif Majumdar had removed my Right knee cap in 1987 my problems created then (I allege by him experimenting in “Patella” removals and tendon bunching at that time) he actually created the problems I’ve been left with now. That, together with my pursuing a claim for Medical Negligence against Mr Majumdar in 1989, I allege has prevented me from subsequently obtaining any corrective treatment from our NHS or even the private sector.

Just for reference purposes, I had no intention of taking any legal action against anyone back in 1989, it was only due to Mr Majumdar swearing and using the “F” word to me and my husband in December 1988 at the Rotherham District General Hospital after my return from the Evelyn Private Hospital in Cambridge where he himself had referred me to Professor Dandy, a friend of his, for a second opinion. Ms Heather O’Donnell (the then Chief Administrator at the RDGH) told my husband to obtain the services of a solicitor, someone like Irwin Mitchell Solicitors, and she would not stand in our way of any claim against the hospital for what Mr Majumdar had done and said.

My taking the aforementioned lady at her word turned out to be the worst thing I’ve ever done. It turned out that Mr Madjumdar at that time was regularly instructed by Irwin Mitchell Solicitors as a medical expert in clinical negligence cases being pursued against others, and therefore Irwin Mitchell (I now understand) should not have accepted to take my case on due to a conflict of interest.

The case became fraught with problems and I wanted to transfer my case to another firm of solicitors. However, I was eventually fobbed-off by being paid a paltry sum to go away. The case had been funded by Legal Aid but when I wanted to transfer my case onto another firm of solicitors Charles Gillott (the instructed solicitor at Irwin Mitchell solicitors) said they would require me to pay them around £24K (their costs to-date) before I would be able to transfer my case. I now know that this would not have been the case and Charles Gillott had misled me.

When I attempted to bring a case against Mr Gillott Mr Gillott told me to go ahead and that I would not be able to obtain Legal Aid to bring a case against him. He was correct in that the firm I instructed and who’s solicitor I saw, at first did say that I had a case against Mr Gillott but once the details were put before the Partners of the firm, went on to scupper me from obtaining Legal Aid. I am in possession of all Mr Gillott’s files on my case, and you will not believe some of the things he had done and said.

In my first Blog of 9/1/2013, you will see that I did refer briefly to the way I had been mal-treated by several medics, solicitors and the courts and also to an extract from a report by Nigel Anderson, solicitor and Deputy Coroner, where he stated in the 5th paragraph of his report dated 10 November 1998:

"It is obvious to me that a number of doctors that have seen Mrs Barnes have shown no interest in her problem or have been generally hostile to her as soon as they found out that there has been a claim against a colleague of theirs". In the 5th paragraph he goes onto say, and I quote; "... I have never seen such hostility before as is contained in some of the correspondence from the medical profession. By that I am judging their hostility by the contents of the letters that they have sent to each other and the problem that Mrs Barnes has clearly had getting straight answers from them. Therein lies the problem".

In the court hearing in the Appeal Court in London, in April 2000, Lord Justice Mantell did actually say to my husband that he (Mantell) was there to “save NHS money”, now, surely he was there residing over my case on 6/4/2000 to oversee justice done, and not to simply save NHS money?

However, I think that LJ Mantell summed-up exactly what all the judges have done in my cases over the years; they had simply overturned my claims to save NHS money! One judge (HHJ Moore) in 2005 told the solicitor acting for the Defendant NHS Trust to settle my case and while still in the court hearing he gave us all our files back. The Defendant Trust’s solicitors (Browne Jacobson Solicitors of Nottingham) simply acknowledged receipt of the Part 36 Offer to settle (which had been drawn-up with the aid of our Local MP (the now Sir Kevin J Barron MP) and when we returned to court HHJ Moore said he had changed his mind and dismissed my case and refused me permission to appeal.

You will also see that in my first blog I have alleged that instructed solicitor Mr Jonathan Brain of Mills Kemp & Brown Solicitors in Barnsley conspired with the solicitor at the Legal Services Commission (Ms Carolyn Smiley) to prevent my Legal Aid Certificate information reaching me by having my mail transferred from my home address to C/o Mills Kemp & Brown solicitors. If I had not attended the office of MKB to inspect my case files due to being dissatisfied with Mr Brain I would never have known about this dirty deed. Tampering with my mail delivery in this way surely had/has to be a criminal offence?

There is further information to be found in my blog of 9/1/2013.

In Blog of 11/1/2013 I referred to the telephone conversation where the NHSLA threatened to pursue me for costs if I did not refrain from continuing my clinical negligence claims against the NHS.

I also referred to the Legal Services Commission at Red Lion Street, London where Ms Smiley had worked as a solicitor and Red Lion Street Department having been shut-down, and Ms Smiley having acquired a job as a solicitor with the NHSLA. Now, I don’t know about you but I don’t believe in coincidences do you? I allege that she did such a good job for the NHSLA in shutting cases down while working for the LSC that they gave her a job when that department closed.

I also referred to Mr Brain of MKB solicitors conspiring in 2002 to only deal with Beachcroft Wansbroughs solicitors during my case, who had been a firm of solicitors acting on behalf of Bassetlaw Hospital & Community Services NHS Trust in a previous claim and who had at that time lost their contract with the NHSLA for doing NHS clinical Negligence claims in any event.

You can see from my blog of 11/1/2013 that I also referred to Mr Andy Buck, Chief Executive, Rotherham Primary Care Trust confirming in his letter to Mr Barron MP that the Kiveton Park Primary Care Centre (KPPCC) did not adhere to the ICO’s advice back in 2002/03 in that they did not amend my medical records in accordance to the ICO’s instructions and remove reference to litigation/court case etc from my medical records and in letters of referral. This has continually denied me obtaining proper corrective treatment for my ongoing knee and foot problems.

In blog dated 17/1/2013 you will see that I have made reference to my having four x-rays taken at the Bassetlaw Hospital on 19/08/91 and only being provide with copies of three of them even after being shown the forth x-ray (a LAT View x-ray of my Right knee) by Mr Zeraati at the consultation at the Bassetlaw Hospital on 5/11/1996. Where and when he considered that x-ray and the bony lesion (foreign body he called it) seen in that film and that it was present and to be seen in my Right knee back as far as 1991.

In Blog of 20/1/2013 I made reference to evidence showing how I’ve been discriminated against by consultants once they became aware of litigation against one of their colleagues by GPs referring to litigation etc in letters of referral.

My then GP Dr Geta Haldar at the Woodsetts GP Practice Nr Worksop, reported in my Lloyd George Record Card for 6/7/90; Elson won’t take it on – Hunter - he says “NO THANKS!!

Now, I think this shows exactly the type of discrimination I was up against and still am up against to this very day!

I also referred to how Radiologist Dr Howard tried to confuse everyone who attended the meeting at the Bassetlaw Hospital HQ on 9 June 1998 by referring to the word “medial” as mentioned in x-ray reports meaning the middle of my knee joint, when “medial”, when referring to the knee, means the side of the knee nearest to the other knee. I allege she did this with the clear intention to mislead and the clinical negligence solicitors attending that meeting (Ms Kieran Bhogal of Beachcroft Wansbroughs solicitors and Mr Stephen Williams of Jackson Quinn solicitors in Worksop) would have been clearly aware of this fact. When the meeting was over solicitor Mr Stephen Williams did say to me and my husband that they were lying through their teeth. I have a word that describes Dr Howard but best not disclose it here eh?

The so-called Medical Expert Professor Galasko would have also been aware of Dr Howard’s obvious intention to mislead but he wilfully failed to expose this to the court in his reports, as a fact. Galasko was the expert instructed by Mr Brain of MKB solicitors against my instructions, which was due to Galasko having a conflict of interests due to being a friend and colleague of Professor Dandy, a consultant surgeon being criticised in my clinical care.

In Blog dated 20/1/2013 I posted images of x-rays and x-ray reports to enable you understand the situation I found myself in with solicitors and medics alike. There is also an image of the bony lesion itself (around 2cms in size) as removed from my Right knee in a simple operation performed on my Right knee by Mr Bickerstaff at the Thornbury Hospital in Sheffield. When I attempted to use notes from the Thornbury Hospital they alleged that I had left their hospital on 22/11/2002 without having been discharged. I certainly did not and this was just an attempt by the Thornbury Hospital to discredit me and to distance them from any claim, if anything untoward was to happen after the operation, them knowing of the past litigation issues. What a sorry lot they all are?

I intend continuing recapping my blogs over the near future, whilst I am digging-out my old case files relating to the OSS (now SRA) and Ombudsman’s complaint files dating back to 1999. You will see from the old case files that neither the OSS (now SRA) and the Ombudsman have not changed, and I can prove it. We tend to go to these quangos expecting them to work in the interests of the public but they do not, instead they work in the interests of the medics and the solicitors.      

This true story continues …….

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