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Friday, March 6, 2020

Utah's Medical Malpractice Act

It is pretty amazing to me how deeply my failure with the Neuroscience Science Institute continues to effect me.
On days that I don't have to, getting out of bed is the hardest thing in the world to do. Right now I have the added challenge of a cold (that may be a sinus infection) on top of it, but even without it I am sure struggling to feel motivated.
It's one of those struggles that I keep thinking I am out of only to find myself entirely beat down, my negative core perceptions grounded in their confirmations of my worthlessness and denials of the actual medical and physical conditions that were manifesting.
I can logically look at this and see and say that it is wrong; that they are wrong. I can see and acknowledge my accomplishment of maintaining some sanity while manic and even enduring as long as and as well as I did when I trusted them in their insanity. I can see how wrong it was and is. I know logically that I must be something special for these highly trained and degreed ego's to be power tripping on me. I try to build myself up with these recognitions and acknowledgings but at the end of (and often the beginning of) the day I feel voiceless and powerless and I still struggle to feel I am of value and to feel like anything I do will be of value. And to believe that I can actually accomplish anything at all that I set out to do...
This is not just because of the NSI, Dr. Concussion, Dr. P, Patient Advocate, and the others who are not even worth mentioning (yes, I mean that to be a slight and mean, and I am letting my jading come out) but it is also due to what they denied, misdiagnosed and negligently treated.
My head gets disorganized rather quickly. It is harder now to keep things straight. A cold lowers my cognitive stamina even more than it would have before and when my brain gets tired my emotions go. And flow, often through my eyes again. Yesterday, I hate to admit, I had less patients with my young snowboarding students, and while this does not happen very often (far less than many other instructors I know of) I feel bad about things like this. It is not who I want to be.
Then there is the manic, bipolar side of things.
And the relationship side of things.
I think that the bluntness and honesty that TBI has a tendency to bring out is similar to children and we are a bit childish in our ways. I often feel like a child and yet I can also see that some of these childish traits in an adult body and adult world can also help me to see things more clearly. Most people are childish in one way or another, and even in many ways, I'm just not sure if they recognize their own childishness. That or their ego's and pride will not allow them to admit any of their childish mistakes.
-Digression in childish psychology
back to my point-
The other day, when I had the privilege of meeting the governor, I felt happy and proud and it was a very stimulating experience, but I did not feel too high and that is so good and nice for me. I was pleased to feel that simple happy feeling that is normal. And I continue to hope that I will get stronger there.
But there is still that feeling of.... not sure how to name this emotion... probably fear is an adequate word for it.
I fear my emotions, my feelings, my intensities and I fear happy and confident, I fear those feelings of I can do this because my brain does not always know how to stay balanced through them. It can go too high and this has hurt me. ...and my family.
Add into that the tragedy and complexity of Dr. P and the NSI missing, dismissing and denying and the blend is both toxic and deep.
Now add to that the difficulty in finding help and the reality of corrupt laws, rules, and the people in power  -who advertise their initiatives to help improve the quality of life for every person (real IHC adds that dagger twist in my heart every time I hear them) but that, in reality, really don't care. At least they don't really care for me, thus perpetuating the "you don't count, and you are worthless" messages- and it is not surprising that anyone in my situation would have a hard time getting up in the morning.
My sweet friend -whose abuser walks free, having suffered no legal or criminal consequences, despite his serious sociopathic manipulations, abuses and even obvious intent to take her life- pointed out, the laws in their effort to be "innocent until proven guilty" are now written and easily used to protect the guilty.
In the Utah Malpractice Act it points out that "provider's practicing defensive medicine because he views a patient as a potential adversary in a lawsuit" increases health care costs, but the Act only addresses and places more requirements and demands on the patient, or family of a patient, who wishes to address malpractice. It limits a patients ability to seek restitution and the amount of damages they can expect to recover and it makes it immensely more difficult for patients to file malpractice complaints and/or lawsuits.
Yet it does not address the issue of practitioners practicing defensive medicine at all.
Our belief in humanity may lead us to believe that the practitioners and medical providers would then stop practicing defensive medicine knowing that they are highly unlikely to face a lawsuit.
But sadly that has not happened.
Still, as I write, the standard of practice with medical providers is to practice defensive medicine if they make a mistake. This was made painfully clear in my situation and I have heard this is accurate from so many people on all sides of the industry; i.e. lawyers, doctors, nurses, patients, other medical workers, family members of patients, therapists that deal with the adverse effects this has on patients, therapists that have worked for companies like IHC.
Thus the result of laws and rules like this malpractice act equate to an increased burden, shaming, physical and psychological stress and re-victimizing of victims of malpractice while protecting the perpetrators. Wherein they may not have initially been intentional "perpetrators" they become perpetrators in their practicing defensive, negligent, and fraudulent medicine in an effort to "avoid a lawsuit" that is highly unlikely in the first place, even less likely they would acknowledge their mistake and treat appropriately and furthermore highly unlikely due to the laws being staked in their favor. It then causes superfluous harm and increased suffering for the patient and their family.
Their defensive medicine becomes nothing more than egotistical abuses of power that they are protected in.


“For the world is in a bad state, but everything will become still worse unless each of us does his best.”
― Viktor E. Frankl, Man's Search for Meaning

...and what is most silly to me is I am still having this occasional conversation with myself "I'm not going to die, and I don't really want to die.... do I?"
Today I actually audibly said those words to myself in response to my debate on whether to see the doctor or not about this cold that is kicking my butt head and is moving down into my lungs.
A couple of times this last week I have wondered why I am doing things to try and get better from it. I could just let it get worse...
Even though I have been through suicidal phases I have never, ever had thoughts like that... that's new...
And I also know I am not likely to die from this, even if I do let it get worse so I think I'd rather get better and enjoy a better quality of life for my efforts.
...more confessions of the deep and warped psychology of me that I am still facing and trying to undo.




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