Re: Shy Newbie Privacy Violated by Psychiatrist

"Jill" <liberals.only@yahoo.com> wrote in message 
news:5fdd613b-fcdd-4728-9271-17784ffe4dc2@s50g2000hsb.googlegroups.com...

> Please be patient with me sine this is the first time I've joined an
> online group.   I have been seeing a psychiatrist for about 3 years.
> I came to the area to obtain a post graduate degree.  It was difficult
> finding a psychiatrist in this area although it is a big city.  About
> three years ago I finally found a psychiatrist.
>
> At first this psychiatrist was polite, seemed to listen, and had an
> overall affable demeanor.  As I was assimilated into his practice it
> became clear he had too many patients. He had a private practice and
> was also on staff at a substance abuse county clinic.  I lost the
> insurance I had and had to go on Medicare.  Prior to that, the MD saw
> me once a moth for 50 minutes; just like a psychologist in therapy
> would.
>
> I found that I was given appointments now for 15 minutes not 50. I
> also asked the MD as soon as I became a patient, that I would like a
> referral (I was new to the area) for a psychologist to do
> psychodynamic therapy. For three years he claimed he knew of no one.
> Recently, I saw a new internist that knows the psychiatrist. He has
> (internist) secured an appointment for me with a psychologist.
>
> Of concern are two things: The psychiatrist had no release of
> information to speak to anyone about my condition.  He was aware of
> the very contentious relationship I have with family members,
> especially my mother.  Well, last August I stayed at my mother's house
> so I could attend a nephew’s birthday party.  I left my medication at
> home assuming I would only be there for one day. The medication is
> taken at night (chronic insomnia) so I assumed I would leave early and
> drive the three hours back to my home.
>
> I felt sick and began suffering horrendous benzodiazepine
> withdrawals.  My mother took me to the emergency room. Unfortunately,
> I was admitted for 7 days to taper off the benzodiazepines. Doctor's
> of staff were shocked that my psychiatrist had me on 24 milligrams of
> two benzodiazepines (xanax and klonopin).  I could have left the
> hospital earlier if the psychiatrist would have returned several
> messages from MD's at the hospital.
>
> Nonetheless, my mother called the psychiatrist on day 3 of my
> hospitalization. Keep in mind it was not an emergency because I was
> already being treated / hospitalized.  Sadly, the psychiatrist
> released information to my mother. I never signed a release of
> information nor did I provide one verbally.
>
> A few days later I saw my regular psychiatrist.  I waited for him to
> bring up the issue / elephant in the room.  It didn't happen so I
> brought it up.  All he could say was that he was sorry and thought I
> would want him to speak with my mother.  That is odd because we have
> discussed how detrimental I became every time I see her.  He is fully
> aware of her verbal and emotional abuse but he went ahead and spoke to
> her anyway and gave her information about my treatment.
>
> Lately, I have been snarky to the psychiatrist.  I have brought up the
> violation again (getting close to August) and he has said he thinks we
> can still work together. I blatantly disagree.
>
> I have checked with a few law firms hoping one would take my case
> since the medications were given in unethical doses. Moreover, since
> he admitted to breaking the HIPAA law.
>
> It feels like I am stigmatized by attorneys because I was hospitalized
> (the only time in my life) and see people on medication in a differing
> way then says someone on street drugs.
>
> Do I need to record the psychiatrist admitting to breaking doctor/
> patient privacy to get an attorney to take my case? One attorney told
> me to do so as taping another party in my state is allowed if one of
> the parties (me) is aware that they are recording.
> Needless to say, my depression has exasperated. My anxiety has
> increased to the point where I have had to withdrawal from graduate
> school because the anxiety has turned into agoraphobia.
>
> Any thoughts and/or comments will be appreciated. I apologize in
> advance for such a long post.

You say you checked with a few law firms, but you didn't say what you were 
asking of them or what they told you.  If you were asking them to take your 
case on a contingency fee basis and they declined, that doesn't mean you 
were stigmatized because of hospitalization or drug use.  It means only that 
your case is unlikely to be big enough to create a payday large enough to 
attract a contingency fee attorney.

One alternative, which I do not recommend, is to retain an attorney on an 
hourly fee basis.  You won't be turned down if you do that, but the cost 
will high.  I don't know what your damages are from either act of the doctor 
(communicating with your mother and overprescribing drugs).  If the damages 
are not great, you would be best advised to drop the matter because any 
potential recovery would be smaller than the cost in legal hours.  That's 
the same message you should take if contingency fee attorneys declined your 
case.

It would do no good to record the voice of the doctor.  That sort of thing 
should be done only under the supervision of an attorney.  If the quality of 
the evidence is not the issue, then such evidence gathering would be 
useless.

Your best alternative, it seems to me, is to find a better doctor.  Why 
would you stay with one who you think overprescribed drugs and who 
improperly communicated your private facts to a third party?

This answer must not be relied on as legal advice for the reasons posted 
here:  http://mcgyverdisclaimer.blogspot.com .  And I am not your attorney.

McGyver