Is taking action against doctor the prescription for justice?

MY doctor tried to treat my hip pain with different kinds of drugs in succession but none of them worked very well.

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Eventually I was referred to a specialist and now have a prescription that actually does something for me. Do I have a claim against my doctor for failing to get a consultant in straight away or prescribing me the wrong medicine?

I DON'T think so. Firstly a medical professional has to act with a gross degree of negligence before being liable to compensate a patient, but also medicine is as much an art as a science and all patients are different, so it may be quite reasonable to have tried a variety of treatments before finding the right one or getting additional expertise.

I BOUGHT a car from a private seller, paid cash. The police came by later and told me it had been stolen. I went back to the seller and asked for my money back but he said I would have to take it up with the owner of the car as he (the seller) had no idea there was anything wrong with it.

THERE is a fundamental rule in law that you cannot pass on good title to stolen goods (ie the seller here had no title so could not make you the owner). It is irrelevant whether the person selling to you is honest or not - though as you got nothing for your money, he is in breach of contract and you are entitled to a full refund, but not the car

MY will has been lost when my old solicitor's firm shut. I want to make a new one but don't know how that will work if there is a former one somewhere - what if someone brings that one forward when I die? Can it be contested?

IT will be irrelevant as your new one will contain a clause that it supersedes any previous wills anyway. That is a standard provision in wills so that there are not competing wills being produced by different people after death.

WE have major repairs to be carried out in our stair well and they are approximately £35,000 the two retail units (unoccupied shop and a bank) will not respond to the factors, so the repairs can not start, The factors are now not doing anymore than to continue sending out letters and have indicated that they may stop factoring for the property even through this is in the deeds. Is there anything else the factor should be doing or how can we ensure the structural works take place?

THE factors can always resign, like any contractor or agent. Check the deeds to see if there is a provision for a minority carrying out necessary repairs and then suing the non-payers or non-voters. Even if nothing in the deeds, there may be legal powers to do this, or to call the council in to put an order for compulsory repairs. But don't do anything without getting together with neighbours and taking legal advice.


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