Posted by Racer on February 26, 2004, at 19:06:03
In reply to MENTAL HEALTH unprotected with suits? « shadows721, posted by Dr. Bob on February 26, 2004, at 0:07:13
That sounds dreadful! I do have a little good news for you, if it helps: this sort of thing has happened often enough that therapists are aware of it, and many have adjusted their record keeping in order to protect their clients. Ask your therapist what level of notes there are in your file, or even ask for a copy of the file (your atty should be able to get a copy through the discovery process, if your therapist doesn't just hand it over), because at least then you'll know how much information those records disclose. Small comfort, but at least it's something.
This sort of thing should not happen. "Should" is a word I try to avoid, but in this case I think it's justified. (And I was injured on the job some years ago, and am outraged to think that my mental health records might have been available to my former employer's atty.) If you've been able to function until your injury, and you haven't needed medication or hospitalization for so long, it should not be considered as a possible indication of a pre-existing condition. That would be like saying, "Since you had tonsilitis as a child, we consider that your current appendicitis is caused by a predisposition to inflammation." That's just wrong, in a moral sense.
I'm sorry that I can't do anything to help you, but you have my best wishes.
poster:Racer
thread:317783
URL: http://www.dr-bob.org/babble/social/20040219/msgs/318037.html