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Re: Is this malpractice?

Posted by Steve. Esq. on July 7, 1999, at 14:26:48

In reply to Re: Is this malpractice?, posted by a supporter on July 4, 1999, at 18:41:10

mlpractice is a hard and expensive thing to prove. At this point what you need is treatment. Call the local bar association. All states have associations of volunteer lawyers that do work pro bono. Tell them your story. They can assit you in getting treatment. Next thing, call the state dept. of health and tell them your story. Government agencies have tremendous power to put preasure on doctors (whoa re licensed by the state) and hospitals. Third, find out if there is a state professional assocition for doctors in your area (I'm in NY). There probably is. Ask to speak to the ethics dept. Tell them your story. They have power too. What you want to do is focuson STATE gov't agencies and private associations. They have the abilities to force actions. I surmise that what may really be going on in your case is a all too common one: 1. No one wants to pay for hospital care (HMO's) 2. The federal (and state laws) have been dramaticly changed in the last 30 years so that hospitalization for any length of time is almost impossible (even with a judges order!). This all grew out of the civil rights movement of the 60's. We went from overreaching treatment to almost no treatment! Hope this helps.

> > I'd like some opinions from people on the board
> First of I want to say that I really feel for your situation. I've been following your posts and want to tell you that I'm really pulling for you.
> Now about malpractice-I'm not a lawyer but I just wanted to tell you some of my personal observations. Yes, I think you've fallen thru the 'cracks in the system' of mental health, and that doesn't mean that you can't fight back. But right now your priority is to get yourself better.
> THAT has to be your focus. It could be worthwhile to contact an attorney for a consultation and initial legal direction, but your energies have to be spent find GOOD mental health care and believe me, being involved in any legal action can be very physically and emotionally draining. Also, I personally found that having 'my case' discussed in public (court) felt like more abuse. A key component for me to survive court (divorce) was having a doctor that I could trust and believe that he would protect me. Remember, the opposing side will have doctors examine and testify against you. In the meantime, keep documentation and journal-just in case. I definitely agree that you should take a third party with you to the hospital when admitted - I think having someone else there will help clarify things, and keep focused.
> Just my thoughts-please take care-one day,one hour at a time. a supporter




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