Medical Malpractice and how it's handled

Here are a few things I have learned (please correct me if I am wrong): 

Medical malpractice insurance is expensive and costs continue to increase. 

Medical malpractice insurance only covers the medical providers attorney fees. It does NOTHING to protect or pay for damages to the patient. So it only pays to fight having to pay for damages to the victim of malpractice.

"Frivolous" lawsuit are NOT common but they are spoken of and perceived to be both within the medical communities and without. 

Very few people pursue legal action for legitimate medical malpractice and of those who do even less win.

As a victim of medical mistakes you will be vilified for the mistakes made against you. 

Medical providers are regularly making medical decisions about your medical care and even diagnosis based on advice from attorney's who do not have the credentials to be giving medical advice. 

Large medical institutions put into place entire departments, policies and procedures to conceal their malpractice and even illegal acts. They give them names like "risk management" or "Office of Patient Experiences."  

Medical providers will protect their own PERIOD. 

Our systems are NOT fair and we do NOT all have equal access to justice or fair treatment from medical providers.

Attorney's are the biggest bullies and even though they have ethical guidelines they are supposed to follow, NOT following them is so commonplace that it is perceived and enforced that it is entirely acceptable for them to break their rules. 

"Standard of care" is far too subjective.

...There is a lot I have learned to include here but mostly I just wanted to write out how badly medical mistakes are handled and that THIS is what creates malpractice... 

And I want to share the analogy that is forming in my head: 

If a medical provider accidentally cuts off your arm, the pretty and professional box they wrapped your arm in does not negate the fact that they cut off your arm. But, at least here in Utah, that seems to be the standard of care when medical mistakes are made. 

And then, to top it all off, they and their attorneys will say, "See how pretty and professional this box is? See, we didn't do anything wrong. We don't know why the patient took their arm off and they did not disclose to us that their arm was removable before we carefully placed our knife on it with significant force. But even though they didn't disclose that we still put it in this nice pretty box for them. It's not our fault they don't like the box."

And then the panel, their peers, will say, "Their box is very pretty therefore they did not cut off your arm. Furthermore, your telling them that your arm was now missing, trying to figure out what happened to it and then trying to warn others was reason enough to misdiagnose you in the first place and then ostracize you for it." 

Yep. That about summarizes it and what you can expect in a DOPL pre-litigation hearing. And I am sorry to have to report this but the panels decisions literally and in all honesty makes about that much sense. (Really- They literally justified my immediate termination based on contact I had made with a third person over a year and a half after said termination. I know you are going to think you read this wrong or that I am being misleading in some way, but I'm not. You may refer to my previous blog entry for more information about that exact third person contact. It will not be hard to prove in court that this contact was made LONG after termination and was NOT what it was misrepresented to be during the pre-litigation hearing) 

It reminded my husband of a scene from Oh Brother Where Art Thou: "So I borrowed it until I did know."

hmmm, now why did the Utah Supreme Court rule that process as unconstitutional? At least that. 

Reaching out vs Calling out

 It is shocking just how bad the medical malpractice really is and how much people can and will deny. 

Today I find myself repeating what seems to have become a necessary mantra: "That which I persist in doing becomes easier. Not that the task itself has changed but that my power to do so has increased."

But still it is hard which is why I am here... choosing to say all the things I want to say here. 

1st it is shocking what people with titles will condone from their peers and others with titles. Shocking. And how they will condone all of it. They will not even acknowledge that, yes, maybe somethings could have been done differently or better or that there were some mistakes made. It is shocking that they won't even give you that... And disappointing too because then you know you really have to fight because it is far worse than you knew and want to believe... Which again confirms that you are not the only one. 

How in the hell can positive advances be made in treating and diagnosing patients if when medical and psychological providers make mistakes they deny everything and refuse to look at what could have been done differently? 

With IHC, they directly contradicted themselves, distorted evidence, faulted me for believing them and trying to protect them, and they straight up lied about things. They straight up lied about things that made NO sense to lie about. Like 10 minutes to reiterate. Why would they lie about an appointment only being 10 minutes long? and if Dr. He really did only spend 10 minutes talking to me at that last appointment, then HOLY SHIT the mania I was experiencing was MUCH MUCH worse than I knew. And the SUPPER POWERS were REAL!

...which also means Dr. He really did engage in very reckless endangerment and/or, especially considering all of his highly acclaimed credentials, is either shockingly stupid or did something really bad and VERY inappropriate. 

It's scary really. Damn scary... and I wish I didn't know this first hand...

2nd: How the hell do they all sleep at night? or are they really that delusional in their beliefs, values, practices, egos whatever? How the hell do their attorneys sleep at night? Do they actually and literally enjoy bullying victims AND lying to the medical providers? It sure seems and appears that way. And do these attorneys really believe their lies? Do the providers really believe their lies? This is very scary... because the scariest liars are those who believe their own lies...

Since I am saying here what I wish to say, but know I am expected not to, I think I might also let them know I have every right to reach out to people who might know just how bad a person is and how far I need to take this fight. 

Yes, I DID reach out to Dr. He's ex-wife and I am not sure how that all got brought up to him; if she used it against him or if she just let him know that it had happened. If I were to guess based on things Dr. He had said to me I would guess that she used it against him. However, since I now know that He is not honest, cannot be trusted, AND that he said somethings to manipulate me, I might more safely assume that she may have just brought it to his attention. Or she was scared of loosing part of her income (in the form of alimony/child support) if he were exposed for what she knew him to be... Who really knows? Not me because I am not allowed to talk with anyone who could answers these questions. Which brings me back to my point in contacting his ex-wife at all; which can be easily summarized into "seek first to understand." 

When I reached out to her the ONE and ONLY time I did, via Facebook, I did so because I had been put into this situation where I knew things were wrong, that Dr. He had been deceptive and deviant on some level, but I was not sure how deceptive and deviant he was. I DID NOT want to go after him at all. I did not want to file complaints and lawsuits etc. BUT I also knew, especially because of how things were handled and continued to be ignored, dismissed, condoned, etc by IHC, that this guy could be/is a REALLY bad guy. I knew there was/is a chance he really is a grooming psychologist who very cleverly set himself up in the PERFECT position with a very prime demographic of patients, and that he was so good at it, so subtle, calculating, and charming in a self-effacing way, that he may never be caught regardless of how much harm he causes to those of us he chose/chooses to groom. I also know that others aren't as strong as I am. They don't have the experiences, background, etc I do and after knowing how his manipulative practices effected me, I can't even imagine how much worse off other victims would be... I had/have an obligation to protect. But again, I don't want it and I did not want to take on the burden of trying to stop this man. It's a very difficult predicament to be in. But I figured I had to ask and that it was better to ask then to not. Especially if his ex-wife knew he needed to be stopped but was powerless to do so herself. 

So am I bad for that? Is that inappropriate on my part? It is debatable and I, myself, can debate both sides. But if we look at my intentions and reasons for reaching out to her, AND the fact that I tried only once, I will firmly argue that this should not be used against me and it most certainly should not be used to dismiss the malpractice and misconduct that were the reason for my reaching out to her. Especially since it was over a year after I had left his Neuroscience Institute. 

And just in case you want to see that message for yourself here it is: 

"I am sorry to bother you, or I hope that I am not, but I am in a very difficult predicament and moral dilemma that I am struggling to resolve that involves your ex-husband ***. He was my therapist almost 2 years ago. From what he has told me it was when you were going through your divorce. This may have been what lead to his mistakes with me, but I am also aware that he may be far more deviant than I ever wanted to believe. Would you mind talking to me about him? He, or his institution, now have me pegged as something I am not and it has caused significant problems. I am not sure if he intentionally misdiagnosed me to protect himself or if it really was an accident and they, as an institution, just handled insanely poorly but things need to be reported and I am really tired of waiting on lawyers. Plus I don't want to, and never wanted to, be the enemy they seem to think I am or have tried to make me out to be to cover up their mistakes with me. I know if you ask him he will try to keep you from talking with me, as he has done with the people at the Neuroscience Institute and others. He will also try to use it against me. I am not sure why, but even as I type this out I am seeing more and more that I have an obligation to report him... I suppose I really just want to know, and I figure you of all people will know best, just how deviant/manipulative he is? Does he need to be stopped?"

The only thing that was changed was the omission of Dr. He's name as indicated by ***.

Conviction

 Pre-litigation was Wednesday

Something that is very interesting about the medical malpractice DOPL pre-litigation hearing is how top secret they want you to keep them. I had to sign a paper. Having gone through one I can tell you that it is definitely interesting how "private" and "protected" they are. 

It is no surprise and very apparent why the Utah Supreme Court ruled the requirement of obtaining a "meritorious" ruling in order to bring the claim to court as unconstitutional. It is. 

But I am not aloud to take about it. hmmm

What I can say is I went through the process so I could learn and I learned A LOT. One of the most important things I learned was how my brain handled it... Which was not very good. I cannot do what I used to be able to do as far as presenting AND unexpected surprised took a bigger toll than I anticipated. 

I can also say that it strengthened my resolve to keep fighting this and clarified my reasons for fighting. 

Now I am going to get tangential. Or am I?

Yesterday I got to work at my resort teaching snowboarding. I was a bit tired and was willing to be cut if all of us instructors weren't needed. But I was needed. I agreed to take the first time kids. I ended up with 5 boys ages 9-11. 4 of 5 were surfers visiting from Hawaii. Three were related and there together. 

Funny thing about surfing and snowboarding is how similar people think they are. While there are some similarities, the mechanics of how they work are opposite in many ways. For example surfing is back foot weighted and steering while snowboarding is front foot steering and, when you are learning, you have to intentionally weight the front foot in order to make up for the laws of physic that make your body try to stay at rest while gravity and snow pull your snowboard into motion. 

Also edges. Surfers do not feel edges like you do on a snowboard. And on a snowboard you have to feel and use those edges. 

These lively boys were definitely surfers and initially it was a bit of a disaster because of their surfing background -a common occurrence, which is really why it is funny comparison. Needless to say, it was an absolutely exhausting lesson. But I made the best of it, was glad for the chance to practice my compartmentalizing, and we had fun. 

So much fun in fact that the three related boys guardians' tipped me. Very well. 

Then they asked me if I'd be there today and if they could request me. I was not scheduled and I had an appointment. I was also not sure if I had the energy for another day with this rag tag team of snowboarders... But they were great kids and their grandpa and dad were so kind and grateful. I knew I could not do a full day of a kids group lesson, my brain would be far too exhausted, but a private with just the three of them, at only 3-4 hours I could handle. Especially since I get paid significantly better for private requests. So when dad and Grandpa asked to book me I happily obliged.

Today we had even more fun and the boys made amazing progress! I was beaming proud. Then to top it all of I got twice the tip I did the day before. Yes! Such a rewarding day.

But then the day got even better. I got to take my dear sweet TBI survivor friend to pick up a car that some very good people donated to her. It was so awesome to see a company that is part of a large corporation do something so generous. -It's kind of ironic that I am not allowed to publicly talk about that either. At least I am not allowed to tell who donated it, but this time it is not because they are hiding anything or trying to be deceptive, but only because, sadly, they know they cannot help everyone who needs it and deserves help.

In conversing with my dear TBI friend, who was so grateful for the car and so proud of me for standing up for myself and speaking out against the TBI related medical malpractice, I realized that the extra amount I earned from teaching snowboarding these last two days is precisely the amount it will cost to file the medical malpractice claim with the courts.  

Sometimes our paths are made clear. 

And sometimes our tangential is not so tangential after all. 

I may have a lot of work to do. A lot. But I am not afraid of it. I was put here for a reason and I will do my very best to expose what is going on at IHC and the attorney/legal malpractice that we are ALL victims of- patients and medical providers (at least the honest ones) alike. 

Dear Magnificent Masterminds of the Medical Malpractice Model,

 Trying to make this as difficult and stressful as possible on me is in fact accomplishing your purpose of causing increased physical harm. 

Which just spurs me on and reminds me why I cannot give up. 

And maybe that is your goal, because my guess, dear Attorney, is that the longer you have me engaged in this fight the more money YOU make-

Does not matter to you the expense or the toll it will have on EVERYONE ELSE. 

Whatever your game, I see through you and I won't be quitting just because you know how to be a mean and nasty bully. 

I'd rather DIE fighting then give in to your malicious-intent. 

Sincerely, 

Defending All Parties from you

Finding my ground.

 It's starting to come together, all of the evidence, lined up with all of the stories being told that don't quite line up. 

And I am feeling good about that. Feeling good about what I am doing and why. Connecting with Renee's inspiration for me for the day:

...but as I work the sneaky devil still connives and I am aware that his hooks planted so deeply inside inside still tear at me just a little. 

It feels a bit like push back of previous phases in the medication balancing act. I feel it in the regions that ignite and excite and I am shocked that there is still some semblance of him associating with the igniting. 

So strange. Humans. Psychology. Chemistry. all of it so very strange. 

But I am also excited to see so much progress and to know how much better I am

Because I did NOT give up and I do not give in when the imbalance of powers are crushing me to maintain and increase their own imbalance. 

 Feeling very subjugated and slot-rattled. 

And I just want to scream at those records: ITS NOT ABOUT HOW THINGS ENDED WITH J F*ING P IT'S ABOUT HOW MY BODY RESPONDED 

ITS ABOUT TRYING TO FIGURE OUT WHAT THE HELL IS GOING ON WITH MY BRAIN AND WHY!

ITS ABOUT GETTING APPROPRIATE HELP AND CARE

with something I continued to NOT be allowed to talk about or address... with those who could actually help me figure it out. Because talking it out with others and trying to do all they told me to as far as going elsewhere was getting me nowhere and worse. They needed to correct their mistakes so that others knew how to help me correctly. 

subjugated and slot-rattled in so many ways. 

That was my buried story. 

and that is my dominant story

that they reinforce and dictate with gas powered lanterns and iron-clad fists 

cold calling

 Money and power

those are what win 

and those are the people we listen too

No right and wrong

no standing up for whats right

no defending and protecting 

even your friends.

Money and power

that is who we trust 

and that is who defend .

There are no impartial panels or juries or individuals

We are all partial to

a title

money

power

and ego

and for it

we all lose

at least 

those of us who do not process

the appropriate amounts of 

money and power.

We even lose to ourselves 

as our own financial peers

and even lower rankings

whose job it is

will only "investigate" 

those who transgress 

if they do not possess

the appropriate amount of 

money and power.

Turning a blind eye

to the high

ranking 

titles,

individuals,

and institutions.

Claiming we are

"protecting our interests"

we abandon

our friends

our truths

and our values

as we talk about the atrocities

of other cities.

And then to top it all off

we are expected to graciously thank

for taking the time to so thoughtfully reject us

and making us wrong for asking at all.

Oh thank you

you noble 

deceiver of self