Some serious advice needed. (Epilepsy)

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

Hi folks, its been a long time since I’ve been on here.

I know this should really be in the out of hours / medical section but I need as much exposure as possible.

Some of you may remember I posted about losing my entitlements back in Nov 2010. This was following two “Blackouts” in Jan 2010. I had loads of tests in 2010 and lost my licence as a diagnosis of epilepsy had been made.

In the November of 2010, I ended up seeing a different specialist and he was not happy with the diagnosis, so in 2011 I ended up having the same tests again. He was more to the way of thinking that it wasnt epilepsy, but MS.

He referred my to see someone at Hull, and as it turned out, it was the origonal specialist that made the diagnosis. Funny thing is, there was no mention of MS in the meeting and the net result was a letter to the second specialist revising his diagnosis to Syncope - which, for those that dont know, is quite simply a posh word for a FAINT!!!

Anyway, seeing as I had problems in Jan 2010 and nothing since, I could apply for my car licence in Jan 2011.

I eventually got it back a week before Christmas 2011. I have a copy of the letter sent between the specialists and have submitted that to the DVLA in Jan 2012, but still have no satisfactory outcome.

I need to know if any of you know of a good solicitor either nationally or in the Leicester area whereby I can bring a claim against them.

They have done nothing but cause me misery and dragged thier heals on everything and as I have very clear evidence of a mis-diagnosis, I feel I have a case again them.

I really need some help here as I dont know where to turn as it is very complicated and I have had two firms tell me there is nothing they can do.

Thanks folks.

2

sorry to hear about your health problems
It sounds as though you need a solicitor who specializes in medical negligence. A web search should make some suggestions.
If you are not a union member it might be worth joining one.
I have had two legal hassles lately
Alex Barley of Towns Needham, Manchester, 0161 832 3721 helped me with an industrial injury claim
Carl Johnson of Stephensons, Wigan 01942 774170 helped me with a transport issue
Good luck
R

3

Thanks Euro.

The one that sticks out the most is JMW in manchester.

The one local to me in Goole wasted my time for a year before saying they couldn’t help (or win) and then Irwin Mitchell told me withing two days that they couldnt help me. Apparently these no win no fee peeps need to see at least a 70% chance of a win - basically they want it handed to them on a plate so all they have to do is dot the ‘i’ and cross the ‘t’.

Any more welcome.

The problem I have, is that I haven’t worked since Nov 2010, so paying for anything is a bit of a sticking point.

How much help would a union be?

4

Darby Flyer:
Thanks Euro.

The one that sticks out the most is JMW in manchester.

The one local to me in Goole wasted my time for a year before saying they couldn’t help (or win) and then Irwin Mitchell told me withing two days that they couldnt help me. Apparently these no win no fee peeps need to see at least a 70% chance of a win - basically they want it handed to them on a plate so all they have to do is dot the ‘i’ and cross the ‘t’.

Any more welcome.

The problem I have, is that I haven’t worked since Nov 2010, so paying for anything is a bit of a sticking point.

How much help would a union be?

You get legal insurance included (not, no absolute guaruanteed win then ■■■■ off, legal insurance). Proper advice and we’ll tell you if you’ve genuinely get a chance, insurance.

But if you’ve paid a bit extra on your home insurance you may already be covered.

5

if you’d paid for the legal cover on your car insurance (possibly at the time it happened as opposed to now) they might be able to help? worth a quick phonecall maybe

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If it turns out that it was a wrong decision, surely you can sue for loss of earnings. If your a member of the union they pay for legal fees etc

Check out Usdaw, GMB, there are more but my memory has gone blank.

7

Thanks for the replies folks.

If I were to join a union, do I not need to have been a paid up member for a certain length of time before I can request legal assistance?

8

I am not a lawyer or medical expert, but I have been in the same position as you.
Fighting DVLA is probably pointless, they will rest their defence on “protecting public safety”
Sudden, unexplained loss of consciousness is very hard to pin down so everybody errs on the side of caution.
You always end up fighting everyone, and getting nowhere.
I would concentrate on getting your licence back, rather than fighting the people who could help you.

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doubt u will win i have been in same situation had mp involved etc and no joy had specialists say nowt wrong with me yet the dvla specialist says i had a seizure even thou every shred of evidence was provided i wish u all the best

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It’s not the Dvla I’m fighting. The ones I wish to take legal action against are the ones responsible for the mid-diagnosis in the first place. Just the very fact that I was diagnosed it offered no “condition management”

If I did actually have epilepsy when diagnosed in the February, it’s strange how it took until September for the Dvla form to be filled in.

It’s down to the fact my original specialist moved on and left someone to clear case notes up. The guy that signed the form had never met me.

It wasn’t deemed urgent enough to revoke licences for a full ten months.

Not only that, there has been incorrect form filling and a serious dragging it out by the specialists.

I’ll see how far I get with it. If I get them back, I’ll go park a 32t tipper on someone’s car :slight_smile: lol.

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Darby Flyer:
It’s not the Dvla I’m fighting. The ones I wish to take legal action against are the ones responsible for the mid-diagnosis in the first place. Just the very fact that I was diagnosed it offered no “condition management”

If I did actually have epilepsy when diagnosed in the February, it’s strange how it took until September for the Dvla form to be filled in.

It’s down to the fact my original specialist moved on and left someone to clear case notes up. The guy that signed the form had never met me.

It wasn’t deemed urgent enough to revoke licences for a full ten months.

Not only that, there has been incorrect form filling and a serious dragging it out by the specialists.

I’ll see how far I get with it. If I get them back, I’ll go park a 32t tipper on someone’s car :slight_smile: lol.

have the dvla said your safe to drive and meet there guidelines?

12

Unfortunately no I’m afraid.

I know the Dvla are a law unto themselves and basically feed on whatever fodder is handed to them.
The problem lies with the two specialists I have had as the last one I saw seems unwilling or incapable of filling in the standard form and writes a letter instead. This has to go to the medical panel which makes it an even longer process. Dvla have finally realised the one they need to ask is the one who made the diagnosis.

To be fair, the Dvla have been very good when they have managed to get information, it just takes bloody ages for them to be given it in the first place.

13

Darby Flyer:
Unfortunately no I’m afraid.

I know the Dvla are a law unto themselves and basically feed on whatever fodder is handed to them.
The problem lies with the two specialists I have had as the last one I saw seems unwilling or incapable of filling in the standard form and writes a letter instead. This has to go to the medical panel which makes it an even longer process. Dvla have finally realised the one they need to ask is the one who made the diagnosis.

To be fair, the Dvla have been very good when they have managed to get information, it just takes bloody ages for them to be given it in the first place.

i am in same situtaton the dvla cant ask the person who diagnosed me as they died few years ago the hospital admitted they got it wrong with me yet i still cant hold a hgv licence because i was prescibed medication for a siezure that didnt happen taking hospital wont get u your licence back only got 14 months left :frowning: