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Legal action against the UK CAA?

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Legal action against the UK CAA?

Old 21st Nov 2019, 19:50
  #1 (permalink)  
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Join Date: Jun 2018
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Legal action against the UK CAA?

Hi everyone, I have a question for those who have some sort of legal background or have been through similar situation. During my medical my AME sent my ECG results to the CAA, and they are asking me to do several tests as it is suspected I have WPW.
I have then visited my GP, who disagreed with that assessment, and advised me to see an specialist. Iíve spent a significant amount of money to see a cardiologist, and he also asked the opinion of another specialist. In total, three doctors later and all three are convinced that I am healthy and that it was an early repolarisation, no wpw.
Now, can the CAA force me to go through intrusive medical procedures that I do not need? And if so, where do I stand legaly? It wonít be cheap and I refuse to waste so much money and put my body under strain, I would want to sue them to recover that money as well as the stress and inconvenience caused. Any thoughts
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Old 21st Nov 2019, 21:47
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Goodness, I hope you dont get that worked up in the office

There is a famous saying - ask 2 doctors, get three diagnoses. So you have an abnormal ECG but disagreement as to the cause. It may even be that the CAA are relying on the computer print out - search this board for loads of cases about that. Sorry, frustrating it may be but there are no grounds for legal action. The CAA is not forcing you. It is your choice whether you want a medical certificate or not.

I would suggest you take the letters from your three cardiologists and send them to the CAA asking them to review the ECG. Include the more recent ECGs you have presumably had in case the initial ECG was faulty. The CAA will then take the opinion of their consultant cardiologist. You may be pleased with the outcome.
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Old 21st Nov 2019, 22:28
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Thank you for the advice, but being told I could lose my medical can be hard to take in.

Iím about to approach it that way, letís see how reasonable they are I guess...
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Old 22nd Nov 2019, 09:18
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Hi Raph,

I agree with Radgirl. Write to the CAA AMS at Gatwick and request a secondary assessment based on your reports and supply those reports for them to review etc.
Might be worth addressing it to Dr Sally Evans, Chief Medical Officer as well.

Try to avoid getting Lawyers involved at this stage is my sincere suggestion.

I have attached a useful link I hope below for you,

https://www.caa.co.uk/uploadedFiles/...0final%202.pdf

Last edited by kwaiyai; 22nd Nov 2019 at 09:32.
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Old 22nd Nov 2019, 10:53
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Hi Ralph,

Just look upon the whole thing as a game...unfortunately the CAA have the bat and the ball.

In my experience it's simply too easy for them to say 'no', and then you have to reverse a decision, rather than your current position where they haven't made a decision. This will take much more time than you expect, it may take more money than you expect. You'll need to say please and thank you more than you feel is warranted and when you find that your case - for which you've waited three months for an answer - has been adjourned for a 'more pressing case' you'll simply have to suck it up and be patient.
It took me 14 months to achieve what was achievable in 2 - 3 months tops. I have no great faith in UKCAA but they are fair, so long as you provide all the evidence that they ask for and anything supporting that they haven't asked for.

Take a chill pill and find a project that gets you away from thinking of this 24/7.

Good luck and let u know how things go.

S

They're not fools but they're understaffed/overworked and have archaic protocols.
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Old 22nd Nov 2019, 11:04
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Thank you for all of your responses, will take it onboard, read and act on all your advice!
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Old 30th Nov 2019, 13:30
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Originally Posted by Raph737 View Post
Thank you for all of your responses, will take it onboard, read and act on all your advice!
If it helps you, one of the problems with the CAA is that, if you take the time to find out, the only thing above them is Parliament.

In terms of who do you complain to about the CAA then it's the Parliamentary Ombudsman, who will likely send your correspondence back to the old boys club at the CAA.

The CAA, bless their hearts, is largely (not entirely) a cohort of ex-military chaps and chapessess, who think you should just do as you are told and stop complaining - however ill you are.

Last edited by Fire and brimstone; 30th Nov 2019 at 16:13.
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Old 30th Nov 2019, 14:32
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Originally Posted by Fire and brimstone View Post
If it helps you, one of the problems with the CAA is that, if you take the time to find out, the only thing above them is Parliament.

It terms of who do you complain to about the CAA then it's the Parliamentary Ombudsman, who will likely send your correspondence back to the old boys club at the CAA.

The CAA, bless their hearts, is largely (not entirely) a cohort of ex-military chaps and chapessess, who think you should just do as you are told and stop complaining - however ill you are.
A very measured reply from F&B, considering his own experience described at Brain Tumour As someone who was suspected of having something very similar a few years ago, I have great sympathy.

Jack
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