Work capability report

[Avro]

Hello All,

I have congenital hydrocephalus and due to an administrative error by my GP sustained a brain injury. Basically, he told me that my referral to hospital had ended and that they had found nothing wrong with me. He had not bothered to read my notes, where the referral was still active and the hospital actually wanted me back. Four years later this was picked up, but during that time I sustained further brain damage.

I'm three years into taking action against the Clinical Commissioning Group and now need a Neuropsychologists Report on my capability for work. This is for damages, not benefits as fortunately I have a pension that I have been able to fall back on. It is to assess if I could return to work as an IT Manager or flipping burgers. Personally, I'm satisfied, though not happy, that I couldn't do either due to my cognitive and memory problems resulting from my brain injury or the many other symptoms that I now have to live with.

My inexperienced, too late to change Solicitor, is proposing a Professor who charges £450/hour to examine me and produce the report. He estimates the cost will be £8,100 to produce a one off report. With additional charges if he has to answer any follow up queries or attend court. I can no longer drive, due to my condition, but if I did I think I could buy a small car for that!

This all started due to me engaging a Solicitor on a no win no fee basis who seems rather green in this area. Firstly, I've learned that there is no such thing as no win no fee. So far I've handed over £17,000, including a £10,000 court issue fee and £7,000 for two medical reports. None of which I was warned about and am now looking at potentially another £10,000, possibly more. I'm trapped into this and can't change the Solicitor as I will have to pay all of his and Barrister fees so far. Selling my house should just about cover it!

Anyway, let that be a warning to others, look out for yourselves and engage with Headway and others before taking the plunge, even if like me your case looks to be rock solid.

If you have any names of medical professionals who would be able to undertake this I would be delighted to hear from you. My Solicitor obviously doesn't at a reasonable cost.

Look forward to hearing from you.

[Pairofboots]

Most neuropsychologists will take on private case's, but you need one familiar with negligence cases. Sorry I don't have any names. I would guess their fees are set on some unknown scale.

First make sure that it is a psychological assessment you need and not a psychiatric report.

There is a register of practicing psychologists and psychiatrists, so I would approach the relevant professional body to get recommendations.

Sorry I can't give any more definitive answers.

[leila65]

So sorry Avro about what you are going through... It sounds very complex and stressful! I really appreciate you sharing as I don't know yet whether it's possible to claim for my sons head injury but forewarned is forearmed! Hope things turn better for you.

[Jacacc]

Hi Avro, I am sorry to hear what you are going through with your solicitor and from what you have said in your post your solicitor has misled you. I went through a very complex case with my husband that took over 7 years to complete and in that time I changed solicitors as I realised early on how much you really need a specialist solicitor in cases like these. If I can offer you some advice it would be to seek out a different and more specialised solicitor who will give you a free hour of there time, explain what has happened so far and what your solicitor and barrister have done and what you have signed up for. You will then find out at no further cost how strong your case is and if your solicitor has misled you in someway which has added unnecessary cost to you and also a lot of stress. By doing this you will also find out if you can change solicitors or if not you know where you stand on your case and with your present solicitor.

When I changed my husband first solicitor ( he was in a bad way in hospital with a brain injury and was put into the OCP ) his first solicitor did not get paid until his case was won. By taking further advice might just help you and save you a lot of money and a lot of stress that will only make you ill as your case advances. I hope everything works out for you in the short to long term, good luck and take care X