Showing posts with label medical negligence. Show all posts
Showing posts with label medical negligence. Show all posts

Tuesday, February 19, 2013


19th 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 4th 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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Thursday, February 14, 2013


14th 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 9th 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 15th 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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Wednesday, February 6, 2013


6th 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 19th 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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Monday, February 4, 2013


4th 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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Thursday, January 31, 2013


31 January 2013

Hello again, it’s me, Peggy


Here is another update in my true story of how patients are treated by medics and solicitors when litigation is brought against a colleague of theirs. Not only are you mal-treated by medics but they are assisted by solicitors and the system, thereby allowing the legal profession to fill their greedy pockets.


On perusing the vast amount of files on my case it makes me shudder to think of what they have all done to me, and could and/or have done to you one way or another if you have pursued litigation against any member of the medical profession. It works the same way with solicitors in 99.9 cases out of 100, and lands up with the legal profession coming out of the process with many times more than the claimant, and that’s if the claimant comes out of it with anything.


Another true incident, one that I overheard whilst waiting in court for my own case to be heard when I was acting as Litigant in Person. Two Barristers was sat talking just behind me, and I overheard the Defendant’s Barrister say to the Claimant’s Barrister; “My client (The Defendant) is willing to settle this case by offering your client £175K”. The Barrister for the Claimant retorted, “Oh, don’t do that, I can get her to settle for a lot less than that”. British Justice, I don’t think so!!!


In this next section I want to show you what happened with the applications made to the Legal Services Commission for funding my case, and how my solicitor, Jonathon Brain at Mills Kemp & Brown Solicitors in Barnsley conspired with solicitor Carolyn Smiley at the Legal Services Commission to divert my mail, as intended for my information from the LSC, to C/o Mills Kemp & Brown Solicitors, to prevent my knowing that my funding certificate was LIVE and had been up-graded from Investigative Help to "FULL REPRESENTATION".


The reference number for funding by the LSC IN 2004 was DUORNAYY1943/A/W/8. You can see from the document copied below that the letter from the Legal Services Commission dated 18/5/2004 addressed to me C/o Mills Kemp & Brown … and thanking me for telling them about my change of address to, who else but; Yes, “Mills Kemp & Brown” was actually done under the guise of an abandoned LSC reference number, that of DUORNAYY1943/A/W/12. Now that surely has to be a case of FRAUD, with intent to pervert the course of justice!


Of course, I never received that letter because it went direct to Mills Kemp & Brown Solicitors. I discovered it sometime later when I requested to view the MKB files with a view of having certain documents copied. I could not believe my eyes when I saw it because Mr Brain was supposed to working in my interest and was being paid handsomely by the LSC for so doing.


See below copies of the relevant letters showing what I say hear is true:
                

 
See copy of the subsequent Funding Certificate itself and copied below, as sent onto Mills Kemp & Brown. It is dated 07.06.2004 and on that date it had been upgraded from Investigative Help to "FULL REPRESENTATION" You can also see that they have reverted back to the correct reference number of DURNAYY1943/A/W/8. You can also see that they have reverted back to the correct reference number of DURNAYY1943/A/W/8. You can also see that Mr M Zeraati was a named opponent in my case yet Mr Brain went on to draw up a Witness Statement for Mr M Zeraati (Under a fictitious Court Reference number) and this while he was being funded by the LSC. Now, that surely has to be a criminal offence, what???



 
See below a copy of my letter of complaint to Mr Andy Grant (Regional Director) LSC London. Note my letter contains the correct LSC reference number:
On the 6th August 2004 I received a letter dated 5th August 2004 in what I consider to have been an ambiguous apology from LSC Manager Mr Peter Monaghan. You will see, however, that he says that in retrospect we now feel that this was an inappropriate step which we regret having taken. No good saying that when you’re caught-out is it, yuh Honour?? This was a fraudulent act and they still think they’ve got away with it. See copy of letter of apology copied below:
The next six pages (images) are copies of my complaint letter to the LSC, dated 6th July 2006. I believe they tell their own story.



The above is only a very small extract taken from the LSC File and I intend returning to the LSC file later-on in this true story, together with the evidence mentioned in my complaint letter.
This true story continues …

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Sunday, January 27, 2013


27th January 2013

 

Hi again, it’s me, Peggy

 

My aim here is again to prove to you that the medics have been trying at all times to discredit me and refusing to treat me when them knowing at all times the true source of my problem.

 

I am now going to show you evidence that the bony lesion (as removed from my Right knee on 22/11/2002) was actually in my knee in 1988. This being the case after it was left in my knee during the operation to remove my patella (kneecap) in September 1987.

 

See copied below an extract taken from my Medical Records at the Rotherham District General Hospital. In the Clinic Note for October 1988 you can see that it states that I had informed the consultant of my knee gave way (it felt unstable) and my knee locked occasionally. Whenever my knee locked I had problems with straightening my painful Right leg after such an occurrence.

 

It is written in the Clinic Notes for ??/10/88 see below:
 
 

Below is an extract taken from a book on Orthopaedic Trauma, Injuries of the knee joint 5th Edition (Library Ref: WE870 (s) photocopies were obtained from the Sheffield Northern General Hospital library. You will see from reading the extract that a piece of bone shears off either the patella or the tibia when the patient suffers recurrent dislocation of the patella, as was the case in my case!
 
Page 302
MEDIAL ASPECT PATELLA
M E D I A L TANGENTIAL
OSTEOCHONDRAL F R A C T I R E
(ENDOGENOUS)
 
This fracture (Kroner, 1905} in acute form is a common and important complication of traumatic dislocation (see Ch. 2).
 
Pathological anatomy. In the course of dislocation the quadriceps contracting in an attempt to recover the situation, exerts considerable compression force which, as the patella passes over the margin of the lateral condyle. shears off a portion of the articular cartilage together with a wedge-shaped fragment of the underlying canellous tissue from the inframedial margin of the articular surface (Figs 10.24 to 10.2" Sometimes it is the margin of the condyle and occasionally both margin of patella and margin of femur are fractured (Figs 2.SO to 2.S3).
 
This fracture of the patella differs from the lateral marginal fracture in the absence of splinting by soft tissue. The fragment is therefore displaced into the joint immediately or is cast into the synovial cavity as a loose body of mysterious origin at a later date.
 
Clinical features. In acute form as a complication of a traumatic dislocation which has been reduced it is difficult, if not impossible, to diagnose on clinical examination: only suspected.
It may not be seen in antero-posterior and lateral radiographs; and the painful knee cannot be flexed to obtain "skyline" views. This is why exploration is indicated in such cases. (Ch. 2).
 
In the form complicating recurrent dislocation its presence in axial radiograph is useful confirmative evidence of the diagnosis (Figs 10.24 to 10.27). The fracture rarely exists as a separate entity. The clinical features are those of the condition it complicates. Sometimes retro-patella symptoms and tenderness located to the medial aspect may be the presenting features. Occasionally locking produced by a loose body, the site origin of which may not be immediately evident, is the first incident which calls attention to a recurrent dislocation.
 
Treatment: At the exploratory operation for traumatic dislocation a large defect is repaired (Fig 10.28 to 10.31).  Experience at the second operation to remove the means of internal fixation shows that the restoration indistinguishable from normal can be attained. If the fragment is small it is removed and the margins of the defect smoothed as occasion demands………………
 
On the 9th of January 1990 at the time I was admitted to the Sheffield Northern General Hospital with my knee locked in a bent position, Mr Saleh (Orthopaedic Surgeon) brutally straitened my very painful leg without first administering any pain killers or pain-killing injection. It was nothing less than torture. It had been arranged for this to be done in theatre under a general anaesthetic but when Mr Saleh had read through my notes and saw that there was pending litigation against Mr Majumdar, a colleague of his, I allege that this was his way of paying me back.
 
However, this no less than brutal action by Mr Saleh had actually propelled the bony lesion out of the knee joint and into soft tissues in the medial aspects of my knee, and it remained there until it was removed in November 2002, some 12-years later.
 
I did have x-rays taken of my Right knee on arrival at SNGH A/E on 9/1/1990, and my medical records as held at the Sheffield Northern General Hospital (Now Sheffield Teaching Hospital Trust) record this fact. However, when I sought disclosure of my medical records and they failed to disclose my x-rays them at the SNGH contended that no x-rays were taken of my knee on 9/1/1990. A letter from Chief Executive Mr Andrew Cash wrote to me directly saying that x-rays were not taken of my knee on the attendance at his hospital on 9/1/1990 yet it states in my medical records “Radio-logically” there is no bony injury. That proves x-rays were taken but I was being denied them.
 
When I sought copies of my knee x-rays as taken at Newmarket General Hospital on 28/11/1989, they wrote back to me saying they had been destroyed. I allege that the bony lesion, in accordance with the recurrent dislocation of the patella, had been propelled into the knee joint and x-rays dated 28/11/1989 and 9/1/1990 would have proved that to be the case beyond a shadow of doubt.
 
The x-rays that were taken at the Bassetlaw Hospital on 19/08/1991 (those I have in my possession) show that bony lesion to be situated on the medial aspects of my Right knee.
 
I approached Mr Kieran Colton in January 1997, the then Medical Records Manager, at the Bassetlaw Hospital and explained that Mr Zeraati, the Orthopaedic Surgeon at the Bassetlaw had identified a 19/08/91 LAT VIEW x-ray of my Right knee and the bony lesion that could be clearly seen on the medial aspects of my knee in that film and I asked him to keep it safe as my x-rays had a habit of going missing. Mr Colton confirmed that he would. Subsequently those at the Bassetlaw Hospital denied that that particular x-ray had existed.
 
At a meeting with Mr Colton and when discussing that I was not able to get treatment, he advised me that I would not be able to obtain treatment for my knee because I was on “Patient Tracking”. Whatever that means?
 
Mr Colton, at the time Mills Kemp & Brown Solicitors were instructed on my Clinical Negligence case did deliver-up to MKB (eventually and after months of wrangling) the original x-rays dated 19/08/1991. However, in a recorded meeting, with Solicitor Mr J Brain at MKB, Mr Brain told me that Mr Colton had specifically ordered Mr Brain not to let Mrs Barnes have sight of those x-rays. Why not???
 
In late 2005 I had requested the return of my x-rays and MRI scans that I had loaned to MKB whilst they had conduct of my case together with those that had been obtained from the various hospitals whilst pursuing my case. I was refused the return of those films by MKB. However, In December 2005 (and I have this fact in a sound recording and also in a copy letter dated 15/12/2005) that Mr Nigel Clifton (the then Chief Executive) at Bassetlaw Hospital, himself requested of Mr Brain at MKB Solicitors that he send my x-rays to him direct. This Mr Brain did, including x-rays and MRI scans that I had obtained and paid for myself. The MRI and scans had cost me around £900.00 at the time of me having the scans done in February 1998.
 
I made an application to the Sheffield Combined Court to have my x-rays returned to me from the Bassetlaw Hospital but the Court refused to make an Order to have those films returned to me. Strange, very strange, what??
 
The act of Mr Brain of MKB disclosing my personal data (in the form of x-rays, those I had obtained from the various hospitals where I had sought treatment) without first obtaining my consent (which I most certainly would NOT have given him) was in fact a Breach of confidentiality and of the Data Protection Act.    
 
This true story continues …… watch this space