Quite upset :(

TangledMemories_2

Hi All,

I didn't really know where to post this...so here goes, and if it gets moved - I apologise.

I'm quite upset to be honest. Here's the story:

In Oct 06, someone ran into the back of my car whilst stationary and to cut a long story short I now have Whiplash Associated Disorder which I will now not recover from as the damage has been done.
I've got a compensation claim going through my car insurance and my solicitor is fabulous. I'm now at the last stage after having Bupa physio paid by the 3rd party, a medical report, physio on the NHS and a final orthopaedic surgeon's examination which was done on 7th March.

I received a copy of the report today for my perusal to then agree to and notify my solicitor. However, on the part where he's commented on my GP notes which back up my story about my pain and injuries...he's dragged up something in my notes from May 2006 (before the accident) when I asked to be referred for Cognitive Behavioural Therapy again.

In a nutshell, in 2003 my then-partner decided that strangling me would be the best way to keep me in the relationship - I ended up under Police protection, started self harming, went into self-destruct and was saved by my now-partner and best friends.
It's really upset me that this surgeon has written in his report about these mental health issues I had without even asking me what that counselling was for. I feel as though he's trying to make out that I'm psychopathic.

I haven't lied at all through my entire claim. I have medical reports to support the fact I am in pain daily. To have this part of my life (that I am finally coming to terms with) splashed across a report for the 3rd party to see - I don't know what to do.

Really sorry to bother you all...just needed someone to talk to.
Tang
xx

ceridwen

Sorry that they have dragged your past up like this - and it is certainly totally irrelevant to a physical injury.

I guess what they are doing is trying to make out that you are mentally unstable and would therefore be more upset by the physical injury that you have suffered than someone else would be. Its not true and its dirty tactics - but unfortunately this is what happens often in the case of claims. I guess an analogous situation that comes to mind here is when a rape victim brings the rapist to Court and it certainly used to be the case (dont know if it still is?) for the rapist's solicitor to try digging up personal history of the victim and also saying that the way she dressed she was "asking for it". All very wrong - but that is what used to happen - and maybe still does.

I can well understand why you are upset by this and all I can say is "dont take it personally - its just what happens in claims. It shouldnt - but it does." Dont be put-off proceeding with your claim.

Hope all goes well for you.

TangledMemories_2

Thanks for that...I've just written a letter to my solicitor explaining the situation surrounding those notes and requesting an explanation as to why that surgeon feels it necessary to drag it up...

Maybe I'm overreacting, it's just I'm trying to get on with my life and the nightmares have finally died down...and now it's all brought up again.

MissEyre

Oh hon, I don't think you are overreacting, and I think you are doing the right thing trying to get the surgeon to explain why he thought that was relevant to your case now. It doesn't seem fair, but I suppose they have a process for going through with claims, and I'm sorry it is dredging up painful memories for you xxx

tootie

Hi,

I also think you are doing the right thing about questioning why these notes are being used.

My husband had a claim from work a couple of yrs ago to do with a back injury and in the notes they had to include ALL records relating to his back - even from when he was a child - they were looking for anything else from his past records that might had "added" to this injury so they could take less responsibility - you mentioned you were strangled by your ex - did you have any specific treatment for this in a hospital? As its your nek your GP may not have had any other choice but to disclose.

As for the Cognitive Behavioural Therapy - they may be using this in your defence? as you had this therapy if may be assumed that you are in a good state of mental health.

It must be very hard for you to have your past dragged up like this but you are doing the right thing by questionning it. The Third parties legal team will try any tactics they know of to bring you down but you must stay positive and focus on the outcome you want.

Good Luck

doodlehumlucysmum

Hi there,

Can you put in a request for this information to be treated as 'non disclosure' and make it clear that you do not want this informaition to be seen by the other party.

Where I work we need to get authority to use sensitive or 'not quite relevant' or a security risk type data

Bossyboots

My accident claim has been ongoing since July 2005 and the doctors instructed have every page of my medical notes, both GP and hospital. I could not pick and choose what was disclosed. What they are looking for is whether something in your past has contributed to your ongoing problem. For example, one thing that was mentioned to me last week was that the low back pain problems I had could have been because of gynaecological problems. However, it is clear from my medical notes that I didn't have any other medical problems preceding the accident and thus it is accepted that this was caused by the accident. In any event, I didn't have the back pain and the gynaecological problems together. I would have thought it reasonable to consider whether the earlier attack could have left you with a neck problem that was exacerbated by the accident.

As for the issue of the therapy, it was suggested to me last week that some of my pain is caused by the psychological wiring of the brain and that if I had counselling I could find myself with less physical problems. I don't know whether the doctor you saw was suggesting you were more susceptible to psychological problems and thus this has contributed to your current situation. This could be used for you or against you, depending on how it was worded.

I have had two previous medical reports, both of which I have made quite substantial corrections to. The second one had phrasing in it which could have been taken two ways and after setting out in writing to my solicitor what the ambiguities were, the doctor changed them in accordance with my comments.

You may well find therefore that not only have you read the report in a way it was not meant to be taken, but that the doctor will be more than happy to re-write that part to clarify just what was meant.

TangledMemories_2

tootie wrote: »

Hi,

I also think you are doing the right thing about questioning why these notes are being used.

My husband had a claim from work a couple of yrs ago to do with a back injury and in the notes they had to include ALL records relating to his back - even from when he was a child - they were looking for anything else from his past records that might had "added" to this injury so they could take less responsibility - you mentioned you were strangled by your ex - did you have any specific treatment for this in a hospital? As its your nek your GP may not have had any other choice but to disclose.

As for the Cognitive Behavioural Therapy - they may be using this in your defence? as you had this therapy if may be assumed that you are in a good state of mental health.

It must be very hard for you to have your past dragged up like this but you are doing the right thing by questionning it. The Third parties legal team will try any tactics they know of to bring you down but you must stay positive and focus on the outcome you want.

Good Luck

I didn't receive any direct medical help for the strangling..just received bruising...luckily I took a photo of the injury which was passed to the police along with the 250 threatening txts he sent me shortly after.

I just thought I was finally getting on with my life...and now this happens. The nightmares have started again because my brain has remembered it all happened.

Katyag

These 3rd party insurance claim things seem to have a right cheek.

My dad injured himself at work and put in a claim, a piece of wood he was cutting got stuck in the electric saw and snapped back on him and badly broke his arm, he was off work for 7 months!!

Anyway when he got the report from the 3rd party doc he went to see he had added at the end of the report that 'Mr B was a man of short and stocky nature'!!! What the heck that has to do with it was beyond all of us and my dad wasnt impressed.

Good luck with your case, and yes they do seem to add things that they shouldnt.

kle87

Thats dreadful. Im currently in the middle of a claim and know how stressful it is. The police force done the same to my mum during a hearing and tried to blame her problem on post natal depression some 20 years prior. People will do anything to stress you out and make you hurt. Don't back down! Good luck with everything.