Psycho-Babble Medication Thread 8226

Shown: posts 1 to 7 of 7. This is the beginning of the thread.

 

Is this malpractice?

Posted by Racer on July 3, 1999, at 20:40:53

I'd like some opinions from people on the board. Some of you have read my posts, so you have a pretty good idea of what's been going on. I'll give a brief synopsis for those of you who want to check in with an opinion, but don't know the story.

About a year ago, I went into a crisis of depression. I was locked up in the county mental ward, didn't eat anything at all for the time I was there, and was released as "just fine, but needing to see someone" the next day. The doctor I was assigned to started off on the right foot, by prescribing a drug that I'd never heard of. When I asked her what sort of drug it was, and what the side effects were, she said, "It's an anti-depressant, just take it." I looked up the side effects on the internet, and was afraid to try it, but did. It made me very tense, which got worse and worse, until I couldn't eat at all because I threw up anything I tried to swallow. At that point, I called and begged to see someone else, and got an appointment with a nurse, who stood up for me in a meeting and got the doctor to agree to change the drug. That nurse is no longer working there. The new drug has relieved the anxiety that goes with depression for me, but after six months, I'm still without energy or motivation and still having periods of acute depression and suicidal impulses. In fact, even outside of the crisis periods, most days I think about suicide in terms of the things that I need to do in order to kill myself with a minimum amount of trouble for the people I care about. So, I can safely say that I'm still in a dangerous state. The doctor, though, insists that the drugs are working effectively. She said that she considers a 50% improvement in symptoms to be successful, and she insists that I've got that. I guess because I'm not so anxious anymore.

So, about a month ago, after deciding to kill myself for sure, I tried to get transferred to another doctor. No one has contacted me about that request, so I called again, and no one returned my call. I called again the following day, was referred back to the original doctor, called her office and was told that my request had been put on hold. They wouldn't tell me why. The therapist I see called, and got stonewalled, too. They said that they would need another release before they spoke with her (they already had one, and so does she), and then said that I couldn't fill one out that day. The final answer was that there was nothing that they were willing to do, at all, and nothing that I could do, or anyone outside their system could do, until they made their decision next week. If they make a decision next week, that is, since they'd promised a decision would be made no later than 15 June.

Here's my question: at what point does this move from marginally competant care to malpractice? It's been a year now, and I'm still not functional. I have stated to them that I have plans to kill myself, and begged for help to keep from doing it. Their only response is to refer me back to the doctor who's been prescribing the drugs that aren't working.

I'm pretty much at my wit's end. I've called all the other hospitals in the area between here and the next large city, San Francisco. I've even called Langley Porter in San Francisco, several hours away. No one else can see me. They all refer me back to the county hospital. The county hospital has turned me away. Since I'm asking for help to keep me from hurting myself, apparently I'm too well to be there. So, is that malpractice? I've already told my mother that I want her to find a lawyer and sue them. I didn't tell her that it's because I don't know if I can hold out long enough to get through this nightmare. One way or another, I can't believe that this could be considered adequate care under any circumstances. Anyone have any comments to make about it? Doctors especially, I'd like to hear anything that you can suggest that might make this make sense.

Thanks.

 

Re: Is this malpractice?

Posted by Jan on July 4, 1999, at 18:18:25

In reply to Is this malpractice?, posted by Racer on July 3, 1999, at 20:40:53

Oh, my gosh. I just read your story by pure chance and was horrified! I can't believe this is happening to you, you poor thing.

Where are you located? Is there any chance we can get in touch? I'm on the San Francisco peninsula, and have a therapist who I respect without question. I have no doubt that she could recommend someone competent for you. How far are you able to travel?

Your story sounds almost unbelievable. It *does* smack of malpractice. I'm almost tempted to show it to my therapist and ask her. In any case, something needs to be done immediately about your situation.

Please send me a personal e-mail. I'd like to help.


Jan

 

Re: Is this malpractice?

Posted by Deb on July 4, 1999, at 18:22:27

In reply to Is this malpractice?, posted by Racer on July 3, 1999, at 20:40:53

Racer,
I don't know about malpractice, but if I understand your story correctly I would have to say that you are receiving some of the most sub-standard care I have ever heard about. Obviously they're just shuffling you from office to office and playing the old phone tag game, maybe hoping you will just give up. WELL, DON'T DO IT! Don't let them get away with this. Do whatever it takes, get in their face, state your case and let them know you mean business if you don't get some help (business as in lawsuit wise). Take someone with you to help you get your point across if you feel you can't be that assertive at that point. I just find it hard to believe these people are treating you this way. My psych. wouldn't even let me leave his office when I was suicidal, I went directly from there to a psych unit. The fact that you even mentioned the word suicidal should have made them jump into action. I live in a small rural town, too, but I've never heard such a horror story as this happening here. You hang in there, do whatever you need to to be safe and don't give up trying to get the help you need. I'm right there with you.
Deb

 

Re: Is this malpractice?

Posted by Jan on July 4, 1999, at 18:38:05

In reply to Re: Is this malpractice?, posted by Deb on July 4, 1999, at 18:22:27

Jan again. I just read through some of your other conversations, and got an idea of what you've been going through the past couple of days. (Your message starting this thread now was the first one I'd seen.)

I'm so glad that you've gotten the wonderful support from the folks here. And I'm glad to know that it's helped you. In my previous message I wrote a little earlier, I encouraged you to write me a personal e-mail so that I could recommend a competent thereapist to you. I can see from some of your other messages that you may not be willing to do that. If that's the case (though you're still welcome to), at least let me know what area you're in, I'll ask my therapist, and then I'll post the name of the referral. If you *do* feel okay about writing me, I'm sure that I could get help to you much more quickly.

Deb is exactly right that *any* health care practitioner should just jump when the subject of suicide comes up. In fact, they're supposed to pick up on signals even before you mention it. I know that my therapist has been aware enough to ask me if I was suicidal when I gave off certain signals. (I wasn't at the time, but it was nice to know she was being aware.)

Please, Racer, I'd like to hear from you again, either here or in my own inbox. Congratulations on your willingness to fight this thing, and not give up. I applaud your spirit in recognizing *when* you're not getting what you really deserve.

Looking forward to hearing from you,
Jan

 

Re: Is this malpractice?

Posted by a supporter on July 4, 1999, at 18:41:10

In reply to Is this malpractice?, posted by Racer on July 3, 1999, at 20:40:53

> I'd like some opinions from people on the board

RACER-
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

 

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
>
> RACER-
> 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

 

Re: Is this malpractice?

Posted by Chris on July 8, 1999, at 13:39:02

In reply to Is this malpractice?, posted by Racer on July 3, 1999, at 20:40:53

Racer,

I concur on this point. There is too little adequate care for people with mental illness. There is also too little protection for these diseases. It can too easily be explained away as symptoms of the disease since no one understands it and is afraid of it, leaving you helpless in defense. Something needs to be done!


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