wheelchairdemon
Member
Recently I got the results of a Health Professional Appeal and Review Board hearing and it's not pretty. The hearing came about because about 2 years ago, a family doctor fired me as his patient after he incorrectly diagnosed me with a mental illness.
What happened was I was working full time and I was burning out trying to get to my full time job (11.5 kms. away) by power wheelchair. The Access Bus was on strike for, all told, 60 days and my city has no alternative form of accessible public transit. The only way I could get to work was to shave several hours of sleep off each night so I had time to drive to work by power wheelchair. There, I had to charge my wheelchair for a full 8 hours so I would have enough juice to get home.
The exhaustion was taking its toll because the strike lasted for 60 days and when the buses returned the ones I used to take to work, were taken off the road permanently. They lost a major funding contract. I was down to 4 hours of sleep each night, I was exhausted, and I was becoming more tearful than normal. I keep reaching out for help - even a volunteer driver to take me to work, but I was getting nowhere and no one seemed to understand why the exhaustion would lead to being more tearful than normal.
I finally went to the doctor and asked for him for help. I was hoping he would write a medical about how the exhaustion was affecting me, and then ask the employer to do a capacity assessment so they could see for themselves that it was unrealistic to keep me on the same shift. I needed a new shift that I could get to by bus.
The doctor, however, refused to acknowledge the effects of the exhaustion or ask the employer or an OT to do a capacity assessment. Instead, he wrote in the medical that I had an Adjustment Disorder, offered no treatment, no medication, no referal to a psychiatrist, and said my prognosis was grim; that I may never be able to go back to work. I was shocked. My immediate thought was to withhold the medical from the employer (it was to be sent to an agent for the employer, not the employer directly) and see if I could find a better solution. However, the doctor took that choice away. He faxed the medical to my employer and the agent for my employer. This meant work barred me from going back. They greeted me at the door and they took away my key.
Shepell, the agent for the employer, then rejected the content of the medical he wrote because no treatment was being offered. I went back to the doctor to get the appeal done and this time, he included quotes from the DSM-IV for an adjustment disorder, added that I was suicidal, and then said he'd see me in 2 months.
I looked at the medical in disbelief and said, how can you say this and then offer no treatment? That's when he got up, walked out of the room, and fired me on the spot. The formal dismissal letter arrived by registered mail about a week later.
Again, work would not accept his medical because of the lack of treatment, especially after saying I was suicidal, the fact he said he wouldn't see me again for two months, made no referral to a psychiatrist, and prescribed no medication. That was the end of my job.
With no doctor and no job, I had no income. To get back on ODSP or to collect EI, I had to have a medical from a doctor, and because I no longer had a regular doctor, I couldn't get one. The doctors in after-hours clinics and emergency departments have a policy against filling out medicals for anyone.
His actions sent me into really deep hot water. With no income I couldn't buy food, pay the rent, the bills, or anything. I finally gave the lying medical to EI, they accepted it, and I finally had some income. It was not enough to cover my medical expenses related to my disability, so I was still hungry. Unfortunately food banks don't consider any expenses other than amount of income and shelter costs - medical expenses don't count, so I didn't qualify for food.
After cleaning out my cupboards and becoming malnourished, I finally ended up in the hospital on the psych ward. There, the doctor could see my dilemma so he prescribed no medication, gave me full priviledges, and told me to restore myself on 9 days of wholesome meals.
For this reason, I reported that doctor's actions to the College of Physicians and Surgeons. Almost 2 years later, they reached their verdict - the doctor was declared innocent and I was declared mentally ill. They refused to call my witness (the new family doctor who, by this point, had read through my entire chart and discovered I had not 1, but 13 mental illness diagnoses listed in my file). I was shocked. However, the College refused to talk to the doctor who had read the file and found all the arbitrarily added diagnoses, and instead opted to uphold the opinion of the doctor who fired me, that I was mentally ill. All I want is for a professional to determine that and to be informed if they think that I am ill.
I felt the verdict of the College of Physicians and Surgeons was unfair and was not done thoroughly enough, so I took the case to the Health Professionals Appeal and Review Board. I went to it unrepresented because I couldn't get a lawyer, and I was up against the 2 lawyers; one for the doctor and one for the College of Physicians and Surgeons.
The Health Professionals Appeal and Review Board hearing, unfortunately upheld the decision of the College of Physicians and cited mental illness as being their reason even though I have not been in the system, under the care of a psychiatrist, or on medications for over 8 years.
I'm in shock. I've had many extensive psychological reports done before and after this all took place and no mental illness was found, and yet people who've never spoken to me apparently feel entitled to formally declare I am mentally ill enough that they can exonerate the doctor who fired me.
At one point I asked my family doctor (the good one I have now), to refer me to a psychatrist so a specialist in the field could formally declare if I'm ill or not, but all 3 of her referrals were rejected. I'm not sure why.
Has anyone ever run into this type of thing before?
How can someone have 13 mental illness diagnoses on their medical file, and not know a thing about it and receive no treatment for it?
How can a psychiatrist, a professional on mental illness, refuse to do a consult with a patient to prove the validity of these labels that I knew nothing about?
When I got the verdict back from the Health Professionals Appeal and Review Board, there was an accompanying letter recommending I seek legal counsel with Divsional Court. I'm not sure why because I've not been served. I also know I can't get legal counsel because I've been trying to get it for 3 years.
Rumour has it that the losers of a Tribunal hearing, and now even a Human Rights hearing, can be sued to recoup the legal costs for the hearings before the other professional oversight bodies. I hope this is not the reason why I'm now being advised to seek the legal advice.
As a result of all this I can no longer get care from a specialist of any sort. My doctor has tried and failed every time. Apparently, when a patient reports a doctor it is mandatory to make that fact known to all doctors through their professional body; the College of Physicians and Surgeons. I regret ever complaining now, but c'est la vie.
All I can say is I know I can't do anything about it.
To stay healthy, I remind myself:
For now I have vowed to continue living my life to the best of my ability and in as normal fashion as is possible (when one uses a wheelchair and is dirt poor on ODSP) and I will thank my lucky stars that I have a good family doctor and I am healthy.
What happened was I was working full time and I was burning out trying to get to my full time job (11.5 kms. away) by power wheelchair. The Access Bus was on strike for, all told, 60 days and my city has no alternative form of accessible public transit. The only way I could get to work was to shave several hours of sleep off each night so I had time to drive to work by power wheelchair. There, I had to charge my wheelchair for a full 8 hours so I would have enough juice to get home.
The exhaustion was taking its toll because the strike lasted for 60 days and when the buses returned the ones I used to take to work, were taken off the road permanently. They lost a major funding contract. I was down to 4 hours of sleep each night, I was exhausted, and I was becoming more tearful than normal. I keep reaching out for help - even a volunteer driver to take me to work, but I was getting nowhere and no one seemed to understand why the exhaustion would lead to being more tearful than normal.
I finally went to the doctor and asked for him for help. I was hoping he would write a medical about how the exhaustion was affecting me, and then ask the employer to do a capacity assessment so they could see for themselves that it was unrealistic to keep me on the same shift. I needed a new shift that I could get to by bus.
The doctor, however, refused to acknowledge the effects of the exhaustion or ask the employer or an OT to do a capacity assessment. Instead, he wrote in the medical that I had an Adjustment Disorder, offered no treatment, no medication, no referal to a psychiatrist, and said my prognosis was grim; that I may never be able to go back to work. I was shocked. My immediate thought was to withhold the medical from the employer (it was to be sent to an agent for the employer, not the employer directly) and see if I could find a better solution. However, the doctor took that choice away. He faxed the medical to my employer and the agent for my employer. This meant work barred me from going back. They greeted me at the door and they took away my key.
Shepell, the agent for the employer, then rejected the content of the medical he wrote because no treatment was being offered. I went back to the doctor to get the appeal done and this time, he included quotes from the DSM-IV for an adjustment disorder, added that I was suicidal, and then said he'd see me in 2 months.
I looked at the medical in disbelief and said, how can you say this and then offer no treatment? That's when he got up, walked out of the room, and fired me on the spot. The formal dismissal letter arrived by registered mail about a week later.
Again, work would not accept his medical because of the lack of treatment, especially after saying I was suicidal, the fact he said he wouldn't see me again for two months, made no referral to a psychiatrist, and prescribed no medication. That was the end of my job.
With no doctor and no job, I had no income. To get back on ODSP or to collect EI, I had to have a medical from a doctor, and because I no longer had a regular doctor, I couldn't get one. The doctors in after-hours clinics and emergency departments have a policy against filling out medicals for anyone.
His actions sent me into really deep hot water. With no income I couldn't buy food, pay the rent, the bills, or anything. I finally gave the lying medical to EI, they accepted it, and I finally had some income. It was not enough to cover my medical expenses related to my disability, so I was still hungry. Unfortunately food banks don't consider any expenses other than amount of income and shelter costs - medical expenses don't count, so I didn't qualify for food.
After cleaning out my cupboards and becoming malnourished, I finally ended up in the hospital on the psych ward. There, the doctor could see my dilemma so he prescribed no medication, gave me full priviledges, and told me to restore myself on 9 days of wholesome meals.
For this reason, I reported that doctor's actions to the College of Physicians and Surgeons. Almost 2 years later, they reached their verdict - the doctor was declared innocent and I was declared mentally ill. They refused to call my witness (the new family doctor who, by this point, had read through my entire chart and discovered I had not 1, but 13 mental illness diagnoses listed in my file). I was shocked. However, the College refused to talk to the doctor who had read the file and found all the arbitrarily added diagnoses, and instead opted to uphold the opinion of the doctor who fired me, that I was mentally ill. All I want is for a professional to determine that and to be informed if they think that I am ill.
I felt the verdict of the College of Physicians and Surgeons was unfair and was not done thoroughly enough, so I took the case to the Health Professionals Appeal and Review Board. I went to it unrepresented because I couldn't get a lawyer, and I was up against the 2 lawyers; one for the doctor and one for the College of Physicians and Surgeons.
The Health Professionals Appeal and Review Board hearing, unfortunately upheld the decision of the College of Physicians and cited mental illness as being their reason even though I have not been in the system, under the care of a psychiatrist, or on medications for over 8 years.
I'm in shock. I've had many extensive psychological reports done before and after this all took place and no mental illness was found, and yet people who've never spoken to me apparently feel entitled to formally declare I am mentally ill enough that they can exonerate the doctor who fired me.
At one point I asked my family doctor (the good one I have now), to refer me to a psychatrist so a specialist in the field could formally declare if I'm ill or not, but all 3 of her referrals were rejected. I'm not sure why.
Has anyone ever run into this type of thing before?
How can someone have 13 mental illness diagnoses on their medical file, and not know a thing about it and receive no treatment for it?
How can a psychiatrist, a professional on mental illness, refuse to do a consult with a patient to prove the validity of these labels that I knew nothing about?
When I got the verdict back from the Health Professionals Appeal and Review Board, there was an accompanying letter recommending I seek legal counsel with Divsional Court. I'm not sure why because I've not been served. I also know I can't get legal counsel because I've been trying to get it for 3 years.
Rumour has it that the losers of a Tribunal hearing, and now even a Human Rights hearing, can be sued to recoup the legal costs for the hearings before the other professional oversight bodies. I hope this is not the reason why I'm now being advised to seek the legal advice.
As a result of all this I can no longer get care from a specialist of any sort. My doctor has tried and failed every time. Apparently, when a patient reports a doctor it is mandatory to make that fact known to all doctors through their professional body; the College of Physicians and Surgeons. I regret ever complaining now, but c'est la vie.
All I can say is I know I can't do anything about it.
To stay healthy, I remind myself:
- They can't get blood from a stone.
- I am healthy and have no need of seeing a specialist right now.
- If I obsess about it, I will get sick and the pain of doing so, is not worth it.
For now I have vowed to continue living my life to the best of my ability and in as normal fashion as is possible (when one uses a wheelchair and is dirt poor on ODSP) and I will thank my lucky stars that I have a good family doctor and I am healthy.
