Urgent advice needed re medical notes PLEASE
edited 15. Mar 2012, 05:27 in Benefits and Working Matters archive
Following the Knee Arthroscopy my consultant confirmed the diagnosis is OA.My GP gave me another months' sicknote, as I'm still in constant pain and walking (limping rather...) is still a painful ordeal and gets me no further than 200yards with a cane and I have to do physio 3 x a day at home. I was told by the consultant that,with my consent,my employer should write to them for a medical report, as I will not be able to return to my job but will need a deskjob. My GP told me the same (explaining it much more clearly to me and being far more reassuring re my concerns about my job situation than the consultant was!) and said that HR could write to him for the medical report also. So far it looks like work will be supportive and re deploy me with a suitable job and one of my superiors is coming to visit me tomorrow to discuss things. She said she will bring the necessary forms with her for me to sign and give my consent for them to see my medical notes. My question is : do I thereby give them permission to see ALL of my medical history ( which I would NOT want) or just the report/medicl notes concerning my knee problem? Or is it a case of I have to specify how much access to my medical history I give them? Another issue: my knee only became this bad immediately following works safety training ( and I stated from the very onset that I think the bleeptest was the main culprit and my GP and consultant confirmed this from the onset and it was written on my very first sicknote too) and I was advised to have it recorded in the accident/injury book, which my line manager assured me he did. My GP suggested I consider claiming compensation from my employer ( a government employer!) as my now disability is most likely indeed the result of the works training. I am in a pickle! Both of my knees have been creaky and at times painful for a few years, but this nevverr stopped my from being active,sporty and doing my job. I have never been off sick because of pains in the knee. So - even if the officer safety training was the final straw for my worst knee, will my employer not argue that this was a pre existing conditon and I have no case for compo? I don't really want to go down the route of compo and would only consider this if they ill health retired me or said they had no suitable job for me. Re deployment would most certainly result in a considerable drop in wages for me and I would struggle financially! I live be myself and support myself. Can anyany advise me where I stand? My friends say I don't have to sign any consent forms yet tomorrow, as I am still on sick and dont know when I'll be back at work yet anyway and fear that HR and Occ Health will just be eager to have me back at work, rather than on sick. Help and advise PLEASE as I am really worried about how to handle the visit tomorrow.
Thank you very much for your reply, Delboy. I'm thinking along the same lines as you and won't be signing anything until I know exactly what the consequences may be and then only after I have studied every letter of the document.
My livelyhood is at stake, after all and my current predicament is bad enough already.
Thanks again for taking the time to reply, best wishes to you.0
pinkbritishstars Member Posts: 731I agree with Delboy don't sign anything until you have had chance to read it first. You can specify to your GP what you don't want your employer to know.
Really hope you get this sorted, and get the desk job that you want as it will be better for you given the arthritis.
kittymedaughter Member Posts: 81How have you got on? I am having a knee arthoscopy for a torn cartildge and some dieased cartilge not got a firm diagonis for arther but i think it will be and i am nervous as i also have fibromyalgia. my mobility has really got worse this last 12 mths, How are you finding the exercises?
In my experience when i have signed the forms to get my medicals my employers always refer me to the works dr's in my case now Atos..who were very good and supportive this last time i went..it might not be too bad and i have been redeployed under reasonable adjustments...0
The fact that your knees were creaky would indicate that some OA was already evident prior to the bleep gest.
As the bleep test is simply a way to assess fitness I would think it would be difficult to prove that such a simple test caused your current knee sitution.
I have had some experience of personal injury litigation.
For example I passed the strict medical requirement for the Ambulance service and got injured in an RTC 6/7 months into my service, I was not even 32 when the accident happened.
All injuries backed up with A/E reports, specialist referrals, MRI's etc.
But I was refused Permanent Injury Allowance recently on the basis that my NHS service had nothing to do with my current position.
I hope this example shows you the kind of uphill struggle you will face.
For info my RTC, not my only accident on duty, was a decade ago.
I would suspect that they might try the tactic that you knew you had knee problems byt still did the bleep test so any further probs are self inflicted.
Also never underestimate the dirty tricks that will ensue after you instigate any claim, and they will happily spend £150k fighting a claim for £15k. I have been through it twice, they even sacked me a few years ago with no evidence of qrongdoing but plenty proving me innocent which "dissapeared".
Don't want to worry you, but think long and hard, especially as you had knee problems before the bleep test.0
Forgot to mention any specialist reports regarding redeployment will need to see your wntire medical records in my expeeience.
If you refuse they will take the ciew that you are hiding something.
And just being eligible for redeploymwnt doesn't mean you will be.
I was on the redeployment register for well over a year.0
Thanks for your reply, Pink. All my life I've been in physically demanding jobs,where I was on my feet most of the time and jobs that required me to be physically fit, which I was until recently... So, although a desk job will take some getting used to, I know that my body would not be able to cope with the physical demands of my current jobrole.
Life is all about changes and I am trying hard to stay positive, but it's the changes that are forced upon us,especially if they change our lives in a negative way, that are hardest to accept and get used to, I guess.
Thank you for your kind support.0
Hi Kittymedaughter, the excercises I have to do at home 3x daily,although similar to some of the stretching excercises I used to do in my 'Fit days', were pretty hard the first couple of days and my legmuscles really ached.
Good, I thought, that means they're working. Now,after doing them religiously for the last 10 days, that initial muscle ache has worn off and the excercises are easier to do. But my bad knee has no more flexibility or movement in it than before I started the physio and it hurts throughout all of the moves I have to do. Walking, stairs,getting up/sitting down etc none of that has improved at all with the physio,I'm sad to say. I get a sharp stabbing pain in my groin as well now, on my bad side. It comes without warning and is so painful that it makes me cry out and catch my breath. I'm hoping it's just certain muscles reacting to the physio and nothing else... :?
Re the medical notes issue - I've already been informed that I will also need to see work's doctor at some point.
Hope your Arthroscopy goes ok and maybe they can repair any damage - let us know how you get on. Mine was just diagnostic in the end, as they couldn't repair anything once they were in there with the camera.
Best wishes to you.0
Hi amboritic and thanks for sharing your own experience. Sorry it wasn't a good one. I am quite prepared for the eventuality that mine will not be altogether satisfactory either. For now, I will be happy if they redeploy me,like they assured me they would. It was my union rep who suggested that I may have a case for compo if redeployment results in a drop in salary for me. The only time I would consider 'doing battle' is if they declare war on me first, so to speak. And I know the 'force' I would be up against, believe me. The bleep test was never a part of our training before and we don't know why they suddenly introduced it, especially when we were only made to do it for the purpose of 'warming up', not to assess our fitness at all. Four of my ( much younger) colleagues dropped out in the first 2minutes, I was amongst those that reached the required level.My Legs felt like jelly afterwards, yes - but no worse than anyone else's. I have never had time off work due to my knees, there will be no record of anything to do with OA in my medical notes. I simply coped with the creaking and twinges, they didn't render me disabled, as feel now and did not effect the quality of my life in any way. One of my knees simply became more and more painful and unstable in the days following the training, until it finally gave way altogether and the rest is history...Consultant and GP agree that there is a definite connection to the bleeptest.
The only reason I wouldn't be happy about work having access to all of my medical notes, is that I would see it as an invasion of my privacy and they don't need to know, as anything else that may be in my medical history has no bearing on the just diagnosed OA in my knee whatsoever.
The homevisit that was to take place last Monday has been re scheduled 3 times in the last week ( by them, not me) and someone from management is finally coming with the forms later today. I was advised I could go to my GP with these forms and go over them with him.Which I will do.
I'm not the sort of person to make unreasonable demands or 'milk' a certain situation, I'm more of a 'yes, of course I'll do it boss' person and hate any kind of conflict , but my life has changed so severly in the last 3 months, I don't recognise myself some days and am sooo depressed and really struggling to come to terms with this... just going out in public,hobbling along in pain with a stick, I'm not coping well with that at all... And all I know is that before the bleeptest, wether or not unknown and undiagnosed, OA was already lurking in my knee joints, it did not stop me from leading a full and active life. I don't want heads on plates or a fat cheque because that won't change my predicament, I know.
I just hope they don't start using dirty tricks to add to my misery, you know what I mean... Insult to injury and all that.
Will keep you posted and again, thanks for your advice. Out of curiosity - what happened to you then, regards redeployment?0
okidoki Member Posts: 29hi. just seen your post i've not been good myself. you dont need to agree for them to see all your doc files. just send a letter to your doc explaning what you wish them to see and thats all he/she will give them.
i am going threw the same sort of thing myself. if you dont send a letter thay will get all your files. take care0
After being reinstated as mentioned earlier following dismissal I was refused access to any foem of training, I applied for a couple of vacancies using two ticks but was refused an intervoew, even though I was the inly applicant on redeployment register.
After my experiences I wish I had never worked for the NHS, I also had a knee injury caused by a sub contractors incompetence, again this was covered up, and like you arthoscopy and clean up was done.
But it is true thaT ATOS appear to be somewhat corrupt.
They accepted my IHR Tier1 in days but a differwnt dept denied that any of my accidents led to my OA and RA. Funny, since my medical records painted a very clear picture, you also don't pass a very strict pre employment interview with OA in your neck and back.
Hopefully you are a little bit more prepared after ready other experiences on here.
However I would suspect that they will try to wriggle if you go down the compo route.
I would suggest getting redeployed first and get fully settled in any new job.
If you sue you may find any new jobs suddenly being out of reach.0
Hi just an update on this matter and thanks again to everyone who replied and offered avice. Work just asked me so sign a form and thereby give consent for them to get a medical report from my GP in connection with my current knee problem.
I was also given the choice to see this report before it gets send to my employer, so that's what I chose. Because obviously I would like to know and see for myself what the report says.
My GP is very supportive and helpful, I really can't fault him so far and he has told me already that a 'deskjob' is what I need.
So far I have no reason to fear that work will be uncooperative.
But we'll see... :?
Will keep you posted of developments.
Its terrible the way you were treated, ambrotic. Talk about adding insult to injury!
Like everyone else here, I would much rather not have OA and be able to walk and be active and painfree, as before, and be back in my old job.
Thing is - I had NO difficulties with my knees before the wretched bleeptest.
Like I said - the odd twinge but it didnt stop me from doing anything or being active. I used to walk miles and never had a doctors appointment or time off work because of my knees.
But like you said - will work agree with the consultant and my GP, who both said that the bleeptest with its twisting and stop start running ( for about 5 min if memory serves right) is to blame for the way I am now.
It remains to be seen.
Anyway, right now all I really care about is that they will offer me a job I can physically do and that won't aggrevate the condition.
Fingers and toes crossed I don't encounter what you did.0
I would suspect they will use "on balance of probabilites" as the burden of proof for any legal action and apportioning og blame liability.
As OA is mainly regarded as a gradual worsening of a joint even after an injury. I think they will say that on the balance of probabilities the bleep.test has aggravated a pre existing condition.
I would still wish you luck and hope you at the very least get a desk.job.
But as far as compo goes I suspect.that you may not have much success.
Though good luck in trying and I hope you are successful.0
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