its regarding medical negligence with human rights August 2012. My mother was put on the…

Stuart,

That was a good answer. The details are:

1) the judgement was indeed default. This was obtained in October 2013. I then phoned up the NHS litigation team, who told me that they had not received the claim or anything but I would be hearing from their solicitors, which I did. I was then rushing around to find solicitors to represent Mum and I found a firm that offered a no win no fee on Mum's claim. This solicitor then made a signed contract with Mum on the 7th of November 2013, on a no win no fee basis. He excluded my part of the claim, which I was happy to do as this would focus purely on medical negligence for Mum. However, the original claim contains both me and Mum. There were some further interactions as in information exchange for a while and then I didn't hear anything. I knew that in November 2014, the claim with expert witness statements had to be submitted and thats why I called them in October 2014.

2) the solicitor that decided to represent Mum, went off sick and never returned to the firm (October 2014). I was told that another solicitor of

equivalent calibre (the former solicitor was head of clinical negligence) would be allocated.

However, I found it strange that in late October 2014, the new person at the firm started asking for Particulars, when in fact I had provided all the material to the firm, before they drew up the no win no fee contract on the 7th November 2013. Nonetheless, I provided what I could because the firm had to provide a proper claim and particulars to the NHS litigation in November 2014 which included expert witnesses. The new solicitor then

phoned up the NHS litigation solicitor and had the November date forwarded to March 2015 for submission of a proper claim and particulars.

Two weeks ago, I then received a letter from the firm saying that they would not go any further with the claim because in their opinion the chance of success was less than 50%. They did not bother to get expert witnesses as they had stated in their no win no fee contract.

In terms of details of the case, when I said that there was no measurable evidence of injury, what I meant is that the injury was reversible.

In the claim that I made (ie. I represented my Mother and myself as a litgant). The injury was a result of ignoring

a) the effects of excessive oxygenation. Mum uses oxygen and is also on a nightly ventilator

b) the effects of ignoring and diagnosing restless legs

The above two caused Mum to end up in a dangerous comatic

state with 5 to 6 emergency hospital visits. The last one leading to

this consultant putting Mrs Flora on the liverpool care pathway plan.

A and B were based on a wrongful diagnosis in the first place of Mum's lung disease. It was thought by this consultant that Mum had the severest form of lung fibrosis known as UIP (prognosis 2.5 years). In fact she had a related lung disease known as Hypersensitive Pneumonitis with a much longer prognosis but could have been curable if caught early enough. However, it is not uncommon to misdiagnose between the two.

The excessive oxygen was discovered by another more specialist hospital, the Brompton in July 2012 and the oxygen was correctly

adjusted at home on the 7th August 2012. The incorrect amount of oxygen was commenced by this same consultant on the 9th August 2011.

During her August 2012 admission, I reported the correct amount of required oxygen for Mum, however it is evidenced in the medical notes that instead of reducing the oxygen they increased it, which together

with the untreated restless legs left Mum in a dangerous state known as

acidosis. The consultant then came around the next morning, spent only a few minutes with Mum and me, (ignored me) and then said,

'The Brompton arent so clever after all'

'Who has adjusted this ventilation machine'

'This thing is causing your Mum suffering (the ventilation). I am going to

remove it. In fact, I would do the same if it was my Mum'.

'You go and gather your relatives'

and then she ran off and prescribed a regime of palliative drugs

to the Nurses. A nearby patient came over to me and gave me a big hug and said, 'Im ever so sorry'. I then went home and called up the relatives first and then I spoke to two specialists from the Brompton who had seen Mum recently.

They told me that they had seen Mum recently and I should know how bad she had been and how they got her better and that they have patients that are much worse than Mum there and they are able to get them better. Id better get a second opinion and that I would have a fight on my hands. I followed their instructions and have ended up with this fight, however Mum has remained well, since I also discovered the cure for Restles legs (a week after Mum stayed at the local hospital). It was the use of a commonly known drug ropinrole. This allowed her to sleep properly and to use her nightly ventilation properly. Her disease is still

progressive, but she has remained very stable, since I discovered

the medication.

The reason I am pursuing this, is the fact that a great injustice was happening to Mum at the time, but now also everyone needs to be aware

that effective and proper communications must be open between the hospital and the patient/ carer. In addition, due to the internet, specialist information is more readily available than before. The relationship of the doctor / patient and carer needs to recognize that patients are now more informed than ever before and their legitimate questions need to be answered for the overall well being of the patient.

Although, pressurized with the volume of work and tasks, it is unacceptably rude, unsympathetic and wrong for doctors to behave in the way that they have done with both Mum and myself. In addition the cover up by the authorities for medical failures is unethical.

Im just trying to find if there is any other way I can progress this case, rather than give up. At most I would be prepared to risk £5000. Im in

touch with two professional doctors who will of course charge their fees for answering questions, expert reports and court appearances. It would have to be two doctors from different fields (ie, neurology and respiratory with ventilation) who would need to be expert witnesses. The neurology doctor who is a very famous doctor has told me that I would need 100,000 before I could win this in court especially as my Mother has not been physically affected by the Liverpool Care Pathway. However, it isnt just that, its the suffering caused by poor ventilation/oxygenation and the restless legs too which put Mum in near death situations many times for about a year. Furthermore, if I had not discovered the cure for her restless legs (there is now published research from Finland May 2014, which identifies how ropinrole and related drugs resolve hypoxia in the legs), then Mum would still be ending up frequently in hospital and would end up falling off the bed, if not dying for induced acidosis.

Im also in touch with a Human Rights Activist who is trying to get the Equality and Human Rights commission to take up the case work. Is it possible that if I just ask these doctors to just write up a cheap expert witness report for me that may be sufficient and if necessary I could ask one of them to turn up in court (£1500). There are direct access barristors, a silk one costs around £10,000. I think I might be able to

do this for around £15,000 without a solicitor but just a barrister plus the

expert witnesses. Your thoughts? I don't think £15,000 is too much to pay

for justice for your dying mother. What would you do if you had a sick child. The same Im sure.

My part of the claim was that

1) I was up every night, looking after Mum's restless legs. Restless legs generally only occurs when you are trying to sleep or are relaxed. The severity of the restless legs was such that she was bashing her legs together and causing injury to herself. By being awake at night with her and continuously massaging her legs, I was able to prevent the injuries, but also prevent her from falling off the bed. However, this also meant that I couldn't go to work in the morning. Furthermore, I had lost my sense of smell completely due to the stress caused by this caring.

However, I discovered after Mum was released from the hospital in August 2012, a week or so afterwards that there was a readily obtainable drug called ropinrole that could cure it and had the GP prescribe this. The result was spectacular. Ever since, her restless legs

have nearly been cured and she is able to get good nights sleep, which also means that she is able to improve her health generally. The doctors

could easily have googled to find this. I had also told them several times that I thought it was restless legs.

2) The same doctor who put my Mum on the Liverpool Care Pathway then made false claims to the police by making up false allegations of harassment in November 2012 which the police investigated and could find no evidence of. I had sent in all my complaints in October 2012 to the hospital, in particular about this doctor and had the GMC involved. The GMC are still investigating this doctor and since my complaint against this doctor another complaint has come in to the GMC about this doctor.

The effect of the police investigation at the time also meant that my CRB would have been blemished as explained by the Officer, despite the fact there was no caution, warning, but a simple questioning interview at the police station, for which I had provided all the paper evidence. However,

due to a Human Rights law which was actioned about that time, the blanket disclosures within the CRB was deemed to violate the right to privacy and therefore in the end my CRB was unaffected. At the time, I did not apply for full time jobs then, because if it had been affected, school managers would have used this as a tool to either hire me temporarily, or part-time or not at all. I am a teacher.

The mechanism of how this drug worked to relieve restless leg symptoms was unclear at the time, except that many professionals did know that this drug did relieve restless legs. Some research has come out from Finland May 2014, which shows that the effect of the drug is to relieve the hypoxia in the legs. The hypoxia in the legs is most likely to be due to Mum's underlying lung disease but I am wondering whether the restless legs itself causes the hypoxia in which case the restless legs could be considered an unrelated disease which was omitted in Mum's diagnosis and that is also a strong part of the negligence claim which led up to the decision by the consultant to put Mum on the Liverpool Care Pathway plan in August 2012 not to mention her overall behaviour in which she did it. At the time, doctors were being incentivised to put terminally ill patients on the liverpool care pathway by way of having their personal mortality rates reduced as a way of ranking doctors.

Anyway, thank you once again for your help. I shall contact the other solicitors you have suggested and see what they say.

sorry you' ve misunderstood. The police told the doctor not to waste police time, not me.

The investigating officer simply interviewed me at the police station, where I had brought in all the evidence and the paperwork. The officer then went in to the hospital and browsed through the medical notes and found exactly what I had said, 'ie that the Dr. had vexiously tried to have me arrested, due to me disagreeing with her treatment'.

In January 2013, the officer told me after I had phoned him about the investigation (i discovered that an investigation could affect your CRB whether or not you are cautioned) that my CRB would be affected and that I would need to contact scotland yards early deletion unit. This led me to do a subject access, write to the commissioner etc until I discovered later about the successful application of the Human Rights Case,which I quoted to the commissioner, after which I received a reply that these things were still in the High Courts.

Once again thanks for your reply.

do you know about pro bono solicitors and barristers and do you think

they might be able to help