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Author Topic: Legal Advise, I need a lawyer  (Read 10839 times)

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Offline ImagineFL

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Legal Advise, I need a lawyer
« on: August 26, 2010, 09:17:53 PM »
Just seeking advise... My Neurologist decided that I needed to consult with his partner, a Neurological Surgeon for back surgery.

I went to my appointment and the surgeon said that he would not do my surgery, nor did he want to have anything to do with a person that was HIV+.  He also informed me that my Neurologist felt the same way and did not want me as a patient as well as his staff.

I've been TRYING to find a lawyer, but all there is out there are ambulance chasers.  Can anyone refer me to someone good?  I live in Tampa, Florida.

I've done some research and I knew that they have broken a few ADA and ethical laws.

Thanks,
Patrick

Offline phildinftlaudy

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Re: Legal Advise, I need a lawyer
« Reply #1 on: August 26, 2010, 09:26:31 PM »
Just seeking advise... My Neurologist decided that I needed to consult with his partner, a Neurological Surgeon for back surgery.

I went to my appointment and the surgeon said that he would not do my surgery, nor did he want to have anything to do with a person that was HIV+.  He also informed me that my Neurologist felt the same way and did not want me as a patient as well as his staff.

I've been TRYING to find a lawyer, but all there is out there are ambulance chasers.  Can anyone refer me to someone good?  I live in Tampa, Florida.

I've done some research and I knew that they have broken a few ADA and ethical laws.

Thanks,
Patrick
Your local ASO should be able to give you some names or check in the phonebook/online for lawyers that handle discrimination cases -- we have some here in Miami/Ft. Lauderdale area that handle LGBT issues.  If you have a Hot Spots magazine you should be able to find some attorney ads in there as well
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Offline Hellraiser

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Re: Legal Advise, I need a lawyer
« Reply #2 on: August 26, 2010, 10:36:57 PM »
This is something the ACLU might be able to help you with as it's an ADA type case.

Offline Jeff G

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Re: Legal Advise, I need a lawyer
« Reply #3 on: August 26, 2010, 10:58:35 PM »
I don't have any advice on finding a lawyer but I applaud you for standing up about this issue , its far more common than some realize .

My HIV doc referred me to a surgeon for a hernia . Despite an inch of my intestines sticking out of my navel and an ultra sound showing it not a single doctor who examined me could find a problem . I saw four doctors before the last one , the last one did surgery that afternoon because he knew how bad I was suffering . When I told him about my other doctor visits he had tears in his eyes .

I tried to do something about it and reported the doctors but nothing came of it . If a few of them are held responsible maybe other doctors will think twice before dismissing us so easily .   

 

Offline Jody

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Re: Legal Advise, I need a lawyer
« Reply #4 on: August 26, 2010, 10:58:45 PM »
Besides the sage advice given I would also advise getting in touch with LAMBDA.org which is a legal organization dedicated to assisting those facing your awful situation...And to think we have politicians in this country who favor having laws on the books that state that doctors should not have to treat those who are HIV+ based on "moral and religious" grounds, and I do believe we have at least 5 folks on the U.S. Supreme Court who would vote to allow that to occur.  Shameless and with all sorts of universal, standard protections for doctors, dentists and nurses it is ridiculous, but not suprising I must say.

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Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #5 on: August 26, 2010, 11:25:03 PM »
I got a list of lawyers from LAMDA, they are all in Miami.  I talked to one, and he said I would be lucky to get 50k out of this. 

I feel for you jg.  I told this lawyer that I am willing to go public and will take this to the supreme court.  The laws were so blatantly violated, and I have done most of the case work.  I guess there is more money in chasing ambulances and slip and falls.

http://www.thebody.com/content/legal/art8100.html

I just want a General Practice Lawyer that halls balls, wants to win what I hope will be a landmark case got the rights of HIV/AIDS people.  I am willing to totally go public and I have the support of my boyfriend and family. 

Thanks for that advise, I know its been a couple of years since I've been around, but I knew that I could come to all of you for advise.  Keep it coming, and thanks for what you've suggested already.  Tomorrow is my day off, I think that I will call the ASO tomorrow.

Bless you,
Patrick

Offline Ann

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Re: Legal Advise, I need a lawyer
« Reply #6 on: August 27, 2010, 12:16:31 PM »
Patsy, nice to see you posting again.

I've moved your thread into the Living forum where you'll get more responses.

I applaud you for taking this stand for yourself and for all of us. Doctors like the ones you encountered should not be permitted to practice medicine. I hope you take them to the cleaners.

Hugs,
Ann
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Granny60

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Re: Legal Advise, I need a lawyer
« Reply #7 on: August 27, 2010, 12:42:58 PM »
 Sorry you have to deal with this.  Hubby has has 7 surgeries in the last year. All  four doctors that operated on him were really sweet. We do wonder if there would have been a different outcome with his prostate cancer surgery, especially after hearing some of the nurses comments, if he had not had HIV. He had seen two drs. previously  that were VERY AIDS/HIV/HOMO/ WTF Phobic.  Certainly wouldn't want to have either of those two do anything, especially since 4 were major surgeries.  Good luck to you.

Offline Florida69

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Re: Legal Advise, I need a lawyer
« Reply #8 on: August 27, 2010, 02:02:17 PM »
Hey bud I totally applaud you in your search and this is a hot issue, I am in Tampa too, I work for an attorney and we had this discussion in depth over lunch today.. I wish I had better news, but what she said, “as a licensed professional that they have the right to deny working for anyone, otherwise it would be slavery.”  In fact she said that she did not see where this type of issue would be actionable.  Hospitals have a completely different set of rules when it comes to giving care than a private doctor.  Our firm does not handle litigation, we do transactional work and she does not know of anyone that would take this type of issue on as a contingency basis.  I would talk to my infectious disease doctor and see if she knows of someone that can help you with getting the surgery, and please do tell her the issues that you are having. . She did say that ACLU and Lambda Legal were a great place to start in an attempt to find someone that can assist.   I am very interested in this, so please do keep us informed.  I am sorry that I could not be of more help.  Take care, D
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Offline Assurbanipal

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Re: Legal Advise, I need a lawyer
« Reply #9 on: August 27, 2010, 02:53:38 PM »
You might find this description of your rights under the Americans with Disabilities Act (ADA) helpful.

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov


It is from a general guide to laws on the rights of disabled individuals posted on a federal website.

http://www.ada.gov/cguide.htm


In addition, Florida has a patients bill of rights which includes the statement "A patient has the right to impartial access to medical treatment or accommodations, regardless of race, national origin, religion, handicap, or source of payment."   http://www.doh.state.fl.us/mqa/Profiling/billofrights.htm

Don't think I'd want to hire Florida69's boss -- she appears to be 20 years behind the times on disability law -- but the post does bring up the point that doctors are licensed.  You can file a complaint with the state medical board about this doctor's failure to observe the Florida patients bill of rights here  http://www.doh.state.fl.us/mqa/enforcement/enforce_home.htm

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Offline Billy B

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Re: Legal Advise, I need a lawyer
« Reply #10 on: August 27, 2010, 03:31:39 PM »
Just seeking advise... My Neurologist decided that I needed to consult with his partner, a Neurological Surgeon for back surgery.

I went to my appointment and the surgeon said that he would not do my surgery, nor did he want to have anything to do with a person that was HIV+.  He also informed me that my Neurologist felt the same way and did not want me as a patient as well as his staff.

I've been TRYING to find a lawyer, but all there is out there are ambulance chasers.  Can anyone refer me to someone good?  I live in Tampa, Florida.

I've done some research and I knew that they have broken a few ADA and ethical laws.

Thanks,
Patrick

Patrick- Sorry to hear about the asshole doctors that you encountered. It really doesn't make any sense as to why they denied your surgery. I work prn at my local hospital ER and EVERYONE that arrives is treated with the same Universal Bloodborn Pathogens guidelines. It sound more like they are homophobic more than anything.
Peace,
Billy
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Offline emeraldize

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Re: Legal Advise, I need a lawyer
« Reply #11 on: August 27, 2010, 04:04:43 PM »
Contact Atty. David Webber (google him, he's authored a book about HIV and the law. was and may still be located in Pennsylvania, I was in touch with him years ago, knowledgeable, decent chap) and see if he has a colleague near you to whom he could direct you, your enthusiasm and willingness to contribute legwork. Going public with such a little mess might turn it on its head before you ever go to trial.

Offline Oceanbeach

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Re: Legal Advise, I need a lawyer
« Reply #12 on: August 27, 2010, 04:31:30 PM »
Patsy Dahlin,

I am a non-attorney spokesperson in San Francisco.  I would recommend www.findlaw.com  These attorneys are paying up to $10,000 per year to be in this directory, they mean business and most offer free consultations.  Click on state, city, and practice area for a selection of firms who may help.   ;D  Have the best day
Michael

Offline Joe K

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Re: Legal Advise, I need a lawyer
« Reply #13 on: August 27, 2010, 04:43:45 PM »
Patrick,

I salute your efforts to bring these doctors to light, in the hopes that they change their ways, or are no longer licensed to practice medicine. In March of 1985, I became deadly ill, with what we thought at the time, was the flu or something. My doctor, part of an HMO, was a complete ass and fortunately my wife, a RN recognized that something was definitely wrong. After I was hospitalized and reconfirmed poz, my doctor dropped me immediately. He would not even come to the hospital to treat me.

To this day, I regret that I did not report him, as he had violated the medical oath of "Do No Harm". We need people like you, to speak for those who either cannot, or will not. Both of these doctors need a real wakeup call, otherwise, the medical community can do without them. We can never accept intolerance, where it involves a human life.

Offline tednlou2

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Re: Legal Advise, I need a lawyer
« Reply #14 on: August 28, 2010, 01:56:21 AM »
How public are you willing to go?  If you're willing to very public, I would contact the local newspaper and/or TV stations.  This would shame these docs and possibly cause some lawyer watching or reading to take your case.  I suppose if you didn't want to go all public, you could have the newspaper or TV station not reveal your name or photo/image. 

On the one hand, it is good you know how these docs feel.  I wouldn't want an HIV hater performing surgery on me.  Still, they need to be called out.  It is a stupid way of thinking anyway.  How many HIVers have they treated who didn't know their status or just didn't tell.  And, I wonder how much of this was due to homophobia--thinking if you have HIV you must be gay.   

I hope I never experience this and it is a reason why so many don't want to tell their docs their status.   

Offline Queen Tokelove

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Re: Legal Advise, I need a lawyer
« Reply #15 on: August 28, 2010, 05:38:35 AM »
I can't believe that people in the medical field acts this way. You would think they would be the most educated. But then I was surprised when my PCP doc back in PA told me he knew nothing in regards to HIV. My jaw dropped damn near to the floor but at least he corrected the situation by working part time in my HIV doc's office.

I hope you do find a lawyer willing to take your case and put these asshole doctors on BLAST.
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Offline skeebo1969

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Re: Legal Advise, I need a lawyer
« Reply #16 on: August 28, 2010, 06:59:37 AM »
I hope I never experience this and it is a reason why so many don't want to tell their docs their status.   

While it's not advised to do so, you are right.   The doctor's refusal of treatment to the lawyer's stating the possibility that there is no case, I find both equally disturbing.  This is not cool at all. 
I despise the song Love is in the Air, you should too.

Offline Snowangel

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Re: Legal Advise, I need a lawyer
« Reply #17 on: August 28, 2010, 09:34:36 AM »
Patrick,
I just wanted to wish your good luck and say that I am sorry you have to deal with this along with your back problems.  The whole situation is sickening and both those doctors are spineless asses!!  Please keep us posted.

Snow
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Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #18 on: August 28, 2010, 11:51:19 AM »
I talked to one lawyer in Miami and I could get him, but he didn't sound very enthusiastic about a settlement.  As for going public, there are some issues, but I believe that this is more important and can help more people.

For those of you in Tampa, stay away from Neurological Specialist!  The surgeon that said these things to me, has had two malpractice suits against him in the past 10 years.  The big one, his insurance company paid the plaintiff $500,000 to settle and the state fined Dr. Maniscalco $12,000 and made him do 200 hours in continuing education.

Basically, a lawyer could take the case of ABBOTT v. BRAGDON and change a few things and file the paperwork, the case law has already been done!

Thanks for the advise and support as I pursue this, I'm sure I will be back for more advice and to defiantly keep you up to date.

Granny60

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Re: Legal Advise, I need a lawyer
« Reply #19 on: August 28, 2010, 12:10:10 PM »

On the one hand, it is good you know how these docs feel.  I wouldn't want an HIV hater performing surgery on me.  Still, they need to be called out.  It is a stupid way of thinking anyway.  How many HIVers have they treated who didn't know their status or just didn't tell.  And, I wonder how much of this was due to homophobia--thinking if you have HIV you must be gay.    

I hope I never experience this and it is a reason why so many don't want to tell their docs their status.    
Ted, we agree 100%.  The three HIV/Homo/WTF phobic doctors that hubby saw were very humiliating  experiences and I made sure we were on the same page that he was never going to see either of those doctors EVER again. One was even going to do an emergency surgery on him except there were no OR's available and his BP started crashing.  Glad we got away from him when we did. He has just been referred  back to another one again.  Don't know how that is going to go.  Kind of limited in that he did  the original surgery and because of his specialty, but it was not a good experience why we requested  to see another doctor who is now sending him back to mister rush through the surgery and get out of this HIV'er as fast as you can. ???  I don't want him  to go back to the man or that either of our nerves can take another round of this guys attitude. I don't think calling these docs out will help though; they obviously will never change their narrow minded biggoted ways. He has his first visit  to try a new replacement for one phobic doc in 3 weeks. Hopefully he won't be such a jerk.  It gets a little  tough when some of the specialties will only see you by referral. On the other hand, both of us have had many doctors that are complete sweethearts.  :-* There really are some EXCELLENT surgeons that treat we people with HIV so nice, but is trial and error to find them.  Between the two of us, we have had three surgeons that stand out because they were so sweet, they deserve multiple hugs! One even sat with him for hours.  Look around. I Fla, I am sure you will eventually find someone.
« Last Edit: August 28, 2010, 12:12:53 PM by Granny60 »

Offline GSOgymrat

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Re: Legal Advise, I need a lawyer
« Reply #20 on: August 28, 2010, 01:45:26 PM »
I'm interested to know how this plays out. Obviously physicians performing non-emergent treatment can refuse to take patients based on other reasons, such as inability to pay. On one hand it is wrong to refuse to treat someone because they have HIV or a disability. On the other you run into the situation where the government is forcing doctors to provide services to people.

I think it is deplorable that any physician would be so ignorant and bigoted. Like Ted said I wouldn't want to work with any professional, medical or otherwise, who didn't treat me with anything but respect. Bringing this doctor's prejudice public would be a great service to your community.

Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #21 on: August 28, 2010, 05:50:18 PM »
Bringing this doctor's prejudice public would be a great service to your community.

My partner is on his way back from Washington DC right now and I am going to discuss this with him.  I know he will support my decission, as well my friends and family.

I went to this dentist a few years ago, it was like a walk-in clinic.  About 25 patient rooms with people like me who had lost a filling and needed a quick repair.  My filling was replaced and when I left the room, I noticed a pink florescent post-a-note on the door and they had written AIDS on it with a Sharpie marker.

Offline Matty the Damned

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Re: Legal Advise, I need a lawyer
« Reply #22 on: August 28, 2010, 06:14:41 PM »
I went to this dentist a few years ago, it was like a walk-in clinic.  About 25 patient rooms with people like me who had lost a filling and needed a quick repair.  My filling was replaced and when I left the room, I noticed a pink florescent post-a-note on the door and they had written AIDS on it with a Sharpie marker.

About 6 years back I went to a dentist to have a filling done. I disclosed my HIV status during the pre-treatment filling out of forms palaver because I understand that dentists often like to provide antibiotic cover to poz folks post procedure.

All went well until the dipshit trainee dental nurse who took my medical history returned to the room in full barrier nursing gear. The whole fucking lot. Double gloved, mask, goggles (they do nothing!), full face shield, extra heavy duty gown, surgical booties.

I shit you not.

She looked like an extra from the fucking Andromeda Strain. It was hillarious. I busted up laughing so hard that I fell out of the fucking chair. Took me 5 minutes to compose myself.

The dentist did not find it so amusing. In fact he was horrified. He snapped at the wench, "Take that ridiculous kit off, you stupid girl!!"

She ran crying from the room.

The senior dental nurse and the dentist himself turned themselves inside out apologising for the kid's appalling ignorance. I assured them it was ok and that all would be forgotten if they implemented proper training for all clinic staff on cross infection control with a particular focus on HIV and other blood borne pathogens.

Good times. :)

Hope your situation resolves Patsy. Your predicament is a horrid one indeed. :(

MtD

Offline Snowangel

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Re: Legal Advise, I need a lawyer
« Reply #23 on: August 28, 2010, 07:12:26 PM »
Matty- That's funny, Thank goodness the dentist had a brain.
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Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #24 on: August 28, 2010, 08:35:33 PM »
Thanks Matty... one of the ADA violations is firing me without a 30 day notice to find a new doctor nor did he refer me to one "That could handle a patient like me".

I went through hell from opiate withdrawal.  That's over, now I just have problems moving around because of the pain.  That bastard.

Patsy

Granny60

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Re: Legal Advise, I need a lawyer
« Reply #25 on: August 28, 2010, 10:02:41 PM »
On one hand it is wrong to refuse to treat someone because they have HIV or a disability.
Then there are the doctors that  will treat you but give you a lesser degree of care with a lesser than desired outcome because you have HIV,  even though it is well controlled. There are 3 levels of uninformed or phobic physicians.

1.Those who are afraid your body cannot handle the trauma or scared you will get an infection
2. The phobic assholes that want to get rid of you as soon a possible and screw treating you and if they  can make you miserable on top of it fine.
3. the ones that do a half assed job of treating you  and don't care how the end result is as long as they   get that queer infected patient treated in some manner  and limit their exposure.

Sure does make you appreciate the good doctors who are real gems.

Offline tednlou2

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Re: Legal Advise, I need a lawyer
« Reply #26 on: August 29, 2010, 01:39:43 AM »
About 6 years back I went to a dentist to have a filling done. I disclosed my HIV status during the pre-treatment filling out of forms palaver because I understand that dentists often like to provide antibiotic cover to poz folks post procedure.

All went well until the dipshit trainee dental nurse who took my medical history returned to the room in full barrier nursing gear. The whole fucking lot. Double gloved, mask, goggles (they do nothing!), full face shield, extra heavy duty gown, surgical booties.

I shit you not.

She looked like an extra from the fucking Andromeda Strain. It was hillarious. I busted up laughing so hard that I fell out of the fucking chair. Took me 5 minutes to compose myself.

The dentist did not find it so amusing. In fact he was horrified. He snapped at the wench, "Take that ridiculous kit off, you stupid girl!!"

She ran crying from the room.

The senior dental nurse and the dentist himself turned themselves inside out apologising for the kid's appalling ignorance. I assured them it was ok and that all would be forgotten if they implemented proper training for all clinic staff on cross infection control with a particular focus on HIV and other blood borne pathogens.

Good times. :)

Hope your situation resolves Patsy. Your predicament is a horrid one indeed. :(

MtD

I've talked about how great my last dentist was.  My new dentist wears the full face shield with me.  I saw her working on another patient and she wasn't wearing it--just the glasses.  She was wearing the glasses with me at first and then she pretended (as far I could tell) that those glasses were fogging up on her, so she switched to the full face shield.  I saw zero fogging and believe she just made it up.  If anything, the full face shield was the one fogging up.  I thought, oh well.

Modified:  Even with the full face shield, there was some spit that flew up into the air.  She jumped back so quickly--even with the full face shield on.  It was obvious to me that she is uncomfortable.  I'm trying to understand her fear.  This is totally different than being denied treatment, however.    
« Last Edit: August 29, 2010, 02:32:07 AM by tednlou2 »

Offline GSOgymrat

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Re: Legal Advise, I need a lawyer
« Reply #27 on: August 29, 2010, 02:16:13 AM »
My dental hygienist did the whole "toxic waste" outfit when I first went there 15 years ago. I also saw the big red HIV+ written on top of my chart. They were very professional, attentive and seemed to do a good job so I didn't care: wear a party hat if it makes you feel good, just give me good dental care. Now they have relaxed to the point I'm starting to become dissatisfied. They don't wear all the protective gear, they don't ask me about medication changes, my dentist rushes through my appointment... it is like we are too familiar and they are getting complacent.

Offline MitchMiller

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Re: Legal Advise, I need a lawyer
« Reply #28 on: August 29, 2010, 02:42:19 AM »
Same with my dentist who has a number of HIV+ patients, but is not running a gay practice nor is he gay.  Maybe that makes him more complacent.

Regarding the lawsuit, I don't see how you have any grounds to sue since you have no proof.  I'm guessing the verbal exchange was between you and the doctor and I'm sure he was smart enough to not document the discussion.  You should probably consult an ambulance chaser to see how you can get the goods on the guy. 

I've often thought suing for refusal to provide medical service might be a way to earn some $$$ for retirement.  Suing is on BusinessWeek's 20 easiest ways to get rich list in this week's online issue.

Offline emeraldize

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Re: Legal Advise, I need a lawyer
« Reply #29 on: August 29, 2010, 11:39:25 AM »
Perhaps it would be prudent to enlist one of your current docs, or next doc of choice, to ask for your medical records from this violating doc to be forwarded for your new care. Then, you'll have an opportunity to examine them and see what is, or is not, included as documentation of how the visit(s) went.

Offline Hellraiser

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Re: Legal Advise, I need a lawyer
« Reply #30 on: August 29, 2010, 11:47:55 AM »
I've mentioned before my dental clinic is in the same building as my HIV doctor so they're very much aware of my status and I'm sure that they've dealt with about 1000 other poz folks before.  The Hygienist is kind of badass at her job and all she wears is a face mask, but that's standard procedure no?  Anyway they treat me identically to all my dental care prior to infection and I appreciate it.  Honestly I don't know if I could handle too much stigma because at this point I really haven't had to deal with any.

Offline emeraldize

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Re: Legal Advise, I need a lawyer
« Reply #31 on: August 29, 2010, 11:51:06 AM »
Lots of dental care professionals use face masks. Next time, you're in the chair, ask the person why they made the switch from goggles to mask---it's easy to misinterpret certain settings, but if you ask, then you'll know that person's reasons.

If you read this article http://www.dimensionsofdentalhygiene.com/ddhright.aspx?id=7516
you'll see what techs are protecting themselves against -- HIV ain't among the concerns listed -- if I were doing their work and as a prescription lenses-wearing person, I'd opt for the face shield.

edited to clarify earlier uses of the word 'mask' to face shields -- my intention in the first place to imply clear, full face shields not the typical paper fiber masks
« Last Edit: August 29, 2010, 05:26:30 PM by emeraldize »

Offline skeebo1969

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Re: Legal Advise, I need a lawyer
« Reply #32 on: August 29, 2010, 12:11:50 PM »



    I had a lot, and I mean ton, of dental work done when I was 25.  This was before infection.  They always wore mask when working on me, every single time.. the dentist didn't but the techs did.  I was sharing with someone last night an experience my wife had, but didn't want to clutter Pat's thread with the story.

   I hope Pat doesn't mind, but seeing a lot of the bad stories compels me to want to share it.  At least so everyone can understand it's not always bad.

   My wife had to have sinus surgery for some pretty nasty infection that would not go away no matter what they gave her.  I mean this doctor tried everything, he really touched all the bases.  We did disclose to him.  His only concerns were her numbers and what medications she was on so he wouldn't unknowingly prescribe her medicine that counteracted with her antivirals.  Finally after about two months of various nasal sprays and medicines, he told her he would have to operate.

  Sinus surgeries are extremely messy, there was a ton of blood.  The doctor and his techs never gave my wife and I any indication what so ever they were treating us differently.  And the surgery was a success.

  Pat , sorry to share this in your thread.  There were just so many negative stories I just wanted others to know there are some great doctors out there for us as well.  I really hope you get your back taken care of and get some kind of action taken towards that doctor. 

  In my opinion, people who have issues dealing with/working on patients who have illness should not be doctors period.

   
I despise the song Love is in the Air, you should too.

Offline BlueMoon

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Re: Legal Advise, I need a lawyer
« Reply #33 on: August 29, 2010, 12:27:18 PM »
If a doctor doesn't want to treat me for any reason, I don't want him treating me.  I want a candid doctor, and would much rather get blown off than get half-hearted treatment.   

I do not believe HIV-phobic medical workers are wide-spread.  I have had dozens of them lay hands on me in the last three years, knowing I have HIV, and none exhibited the slightest bit of squeamishness.  Most have been pleasant and friendly.  If I ever do encounter a doctor who doesn't seem to want me as a patient, I'll just move on to one who is more reasonable.
...................VL.....CD4.....%
-----------------------------------------
08/10-- ......<40.....290.....42
05/10-- ......<48.....290.....46
02/10-- ......<48.....481.....44
10/09-- ......<48.....277.....46
07/09-- ......<48.....300.....38
05/09-- ........51.....449.....39
03/09-- Added Isentress
02/09-- ........65.....299.....34
11/08-- ........62.....242.....40
08/08-- ........66.....212.....29
05/08-- ......202.....217.....27
03/08-- ....5210.....187.....21
02/08-- Began Truvada/Reyataz/Norvir
12/07-- 273,000.....157.....22
11/07-- 229,000.....209.....22
10/07-- Diagnosis

It's a complex world.

Granny60

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Re: Legal Advise, I need a lawyer
« Reply #34 on: August 29, 2010, 01:26:06 PM »
People in our area had to travel 2-3 hours each way to St. Louis or Memphis for dental work so most went without because of the travel expense, but  now we have a local dentist that is a real sweetheart. :)  Before, every dentist you called said they will not treat anyone with HIV.

Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #35 on: August 29, 2010, 09:52:48 PM »

Regarding the lawsuit, I don't see how you have any grounds to sue since you have no proof.  I'm guessing the verbal exchange was between you and the doctor and I'm sure he was smart enough to not document the discussion.  You should probably consult an ambulance chaser to see how you can get the goods on the guy. 


Actually, I asked my mother to come with me to the appointment.  She never does and asked why I wanted her to go.  I said because we are going to be talking about surgery.  This surgeon has done two surgeries on her in the past and my mother's jaw dropped when he said that to me.  He wouldn't make eye contact with her, either.

I ordered my medical records from them, the Neurologist sent them and for each appointment it said that I was HIV+.  I resent the request for Dr. Maniscalco's (the surgeon) and they faxed me back that I never had an appointment that day.  Strange, I was there and have my appointment card still and even made a payment!

Not keeping records is another violation.

Patsy

Offline Snowangel

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Re: Legal Advise, I need a lawyer
« Reply #36 on: August 29, 2010, 10:06:42 PM »
Imagine-
I was wondering what you were going to do about proof but having your mother there,and then them saying you were never there should hopefully, help you tremendously.  I hope all goes and good luck with everything!

Snow
Of all the things you wear, your expression is the most important

The heaviest thing you can carry is a grudge..

One thing you can give and still keep...is your word.

One thing you can't recycle is wasted time.

Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #37 on: August 29, 2010, 10:10:30 PM »
Imagine-
I was wondering what you were going to do about proof but having your mother there,and then them saying you were never there should hopefully, help you tremendously.  I hope all goes and good luck with everything!

Snow

AND... I didn't have money for my co-pay the last time and I payed that.  Now I just need to find that... I better check my debit card.

Granny60

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Re: Legal Advise, I need a lawyer
« Reply #38 on: August 29, 2010, 10:21:59 PM »

I ordered my medical records from them, the Neurologist sent them and for each appointment it said that I was HIV+.  I resent the request for Dr. Maniscalco's (the surgeon) and they faxed me back that I never had an appointment that day.  Strange, I was there and have my appointment card still and even made a payment!

Not keeping records is another violation.

Surprising how common that is. Trying to get my records took 5 years  in court.  All the pages were blacked out with a marker so you couldn't read them.  One of husband's doctors needed his old records. Because of his high metabolism rate it was not uncommon for him to be treated at 2 to 7 times the labeled dose on meds.  All the records  of off label  prescriptions were omitted. This doctor was a good friend,  he was just afraid to put it in writing.  He had a bad allergic reaction after a surgery and we tried to find out what it was to prevent it from happening again and our doctor could never get any records.  The next anesthesiologist also tried.  He said it was very unusual that all the notes and records were missing. All the surgeons notes were there as well as ICU later, just nothing from anesthesiology. We only ended up with a list of possibilities by sorting through  the meds the hospital charged for on the bill. We never wanted to sue anybody; just wanted to keep from having problems the next time.  I think doctors are scared to death of lawsuits.

Patsy

Offline Snowangel

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Re: Legal Advise, I need a lawyer
« Reply #39 on: August 29, 2010, 10:24:16 PM »
AND... I didn't have money for my co-pay the last time and I payed that.  Now I just need to find that... I better check my debit card.

Thank goodness for modern technology.  I couldn't tell you the last time I wrote a check.
Of all the things you wear, your expression is the most important

The heaviest thing you can carry is a grudge..

One thing you can give and still keep...is your word.

One thing you can't recycle is wasted time.

Granny60

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Re: Legal Advise, I need a lawyer
« Reply #40 on: August 29, 2010, 10:25:23 PM »
how in the world did the entire reply end up in the quote box with Patsy's name at the end?  Some weird stuff tonight.

Offline Snowangel

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Re: Legal Advise, I need a lawyer
« Reply #41 on: August 29, 2010, 10:39:37 PM »
Maybe your cursor stayed in the quote box while you were replying?
Of all the things you wear, your expression is the most important

The heaviest thing you can carry is a grudge..

One thing you can give and still keep...is your word.

One thing you can't recycle is wasted time.

Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #42 on: August 29, 2010, 10:44:24 PM »
My battery was going dead in my mouse, I replaced it now... lol  I could have done it that way.  shrugs

Offline Kendoll

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Re: Legal Advise, I need a lawyer
« Reply #43 on: August 30, 2010, 08:52:54 AM »
After a recent hearing test, an audiologist made me an appointment with a ear, nose & throat specialist in Charlotte to be checked out further. I am (of course) completely open about my HIV status with healthcare professionals thinking they should know all my medical details so they can better treat me. The nervous doctor entered the rather large examining room and sat down on a stool about 15 feet from me and asked me some questions about my hearing, wrote a few things in my chart and left. The appointment was over and all I'd received was a stream of question from 15 feet away. I wasn't examined nor did he at any point look in my ears or down my throat (that would have caused him to have to come closer to me than his safe 15 feet distance). I was completely shocked. This is the first time I've had a medical professional discriminate against me.

Offline emeraldize

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Re: Legal Advise, I need a lawyer
« Reply #44 on: August 30, 2010, 10:02:27 PM »
Actually, I asked my mother to come with me to the appointment.  She never does and asked why I wanted her to go.  I said because we are going to be talking about surgery.  This surgeon has done two surgeries on her in the past and my mother's jaw dropped when he said that to me.  He wouldn't make eye contact with her, either.

I ordered my medical records from them, the Neurologist sent them and for each appointment it said that I was HIV+.  I resent the request for Dr. Maniscalco's (the surgeon) and they faxed me back that I never had an appointment that day.  Strange, I was there and have my appointment card still and even made a payment!

Not keeping records is another violation.

Patsy

Excellent. And, I'm sure you'll find record/proof of payment. I would give Dr.Maniscalco's staff the complete benefit of the occasional screw-up and ask one more time and assert that you have the appointment card and proof of payment. You want to have your records -- or photocopies of all of them as you'll be establishing a new relationship with another provider.

edited to add: It appears as if this is your now-former doc weighing in on a blog twice.
http://www.nusamsoapbox.com/2010/04/20/is-the-a-doctor-in-the-house/
« Last Edit: August 30, 2010, 10:18:19 PM by emeraldize »

Offline dixieman

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Re: Legal Advise, I need a lawyer
« Reply #45 on: August 31, 2010, 04:07:31 PM »
I'm sorry to hear about your Doctor not wanting to perform surgery on you for being hiv+??? Wow... here I am in Alabama... I reside in Montgomery and my dentist cleaned my teeth with no problem and I just went to a local specialist in montgomery, AL to have a root-canal... I informed them of my status and ... the doctor ... nurse... assistants...etc.. were Wonderful!!! I also just had my eyes lifted in Birmingham, AL with no problem???

Now years ago back in the early 1990's I could see FEAR from Physicians... and if I was in their place I would also afraid but, with the information today... and the Protocol for handling patients hiv+ would not be the Great Big Fear Factor as in the past... but, Hep C is a definate... and Who knows What blood pathogens are present with anyone??? thats why there are Universal Medical Protocols set in place...

I would like to say... be Thankful that this particular surgeon DID NOT perform surgery on you... What would the outcome be like? and with his malpractice suit that his insurance had paid out $500,000 recently???   just maybe a higher power was Watching Out for your best interest...

Sue? but, file a complaint... YES! I would definately FILE a Complaint with the State Medical Board...


Offline emeraldize

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Re: Legal Advise, I need a lawyer
« Reply #46 on: August 31, 2010, 08:43:02 PM »

Basically, a lawyer could take the case of ABBOTT v. BRAGDON and change a few things and file the paperwork, the case law has already been done!


Good read.

Offline dvinemstre

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Re: Legal Advise, I need a lawyer
« Reply #47 on: September 01, 2010, 12:43:39 AM »
I was a chaplain on a unit in a local hospital in NC back in 1995 and I have to say things have changed a lot since then. We had this one man who was actively dying of AIDS and even with all the stigma no one wanted to be his nurse, not because of AIDS but because he was a total asshole. Fast forward to 2010 in the same city and frankly no physician I have ever dealth with for the last three years have even lifted an eyebrow about providing services to me due to my status. If a physician received ANY federal monies he/she must serve persons without discrimination, however, there is always a practices right to refuse to treat someone. The issue boils down to issues of who ultimately pays for the services. I go to a clinic for uninsured and then they refer me to other providers for other things, so its not an issue. I agree with universal precautions and frankly a person is under NO obligation to disclose status to anyone...having said that, EMTs and other health professionals do have to face exposure off and on a lot. I was also a chaplain, serving the hospital ED in part, from 2000-2002. There was no obligation to have anyone disclose to us, period. Anyhow, all that to say, I hope and pray everyone on here is able to be more demanding of their helath care providers. I would ask my physician, hey, are you uncomfortable about my serostatus and thus sitting on the other side of the room (unless they were always like this). It may well be they are worried they will give ME something...my ob/gyn recently came in and did not shake my hand and hug me, which is her customary greeeting. She said, I'm getting over a cold...and the fact was she wasn't shaking anyone's hands, mine or anyone. I guess for me, decisions about lawsuits, etc are how much energy am I willing to spend on assholes in relation to the change it will effect...just food for thought. 

Offline ImagineFL

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Re: Legal Advise, I need a lawyer
« Reply #48 on: September 02, 2010, 12:24:38 AM »

Sue? but, file a complaint... YES! I would definately FILE a Complaint with the State Medical Board...


I was wondering if anyone knows, should I file a complaint with the medical board FIRST and then use their ruling for reasons to file suite?

Offline Oceanbeach

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Re: Legal Advise, I need a lawyer
« Reply #49 on: September 02, 2010, 08:23:05 PM »
I am not an attorney, if you hire me, you will lose your case.  Patsy dear, you are going to need to find an attorney who is licensed in Florida and I would suggest you find one who spends at least 85% of his/her time in court.  These Forums are not a secret to the medical community or their attorneys.  You should find some legal representation  ;D  Have the best day
Michael

« Last Edit: September 02, 2010, 08:30:41 PM by Choofnhurl »

 


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