Thursday, February 5, 2009

Advocate against medical records on the Internet

Yup. My leg hurts very badly. It is swollen to double the size and is very itchy.

My dad's phenomenal Duke endocrinologist (John Guyton, MD) sent me the nicest e-mail and suggested that I have someone look at my leg and that he hopes my leg gets better. I actually weeped that someone at Duke cared.

I cannot sleep. I took Ultram (my prescribed non-narcotic pain medication) and so I feel uncomfortable taking a sleeping aid. Thus, my "relaxation" is a knitting project that has baffled me.

Red Eye on FOX NEWS CHANNEL is on. The host is peculiar. Now, my mind returns to the issue of computerized medical records.

I have already mentioned how at least a portion of my medical (mental health) records are on the Internet forever courtesy of the Illinois Attorney Registration and Disciplinary Commission. But, the portion is skewed because my then-attorney (the apparently IMHO shy or unwilling to advocate) William Moran, III of Springfield, Illinois.

The prosecutors of the ARDC (who did not want me to practice law because I struggled with depression) were never told about the the following:

[a] physical limitations and horrific pain associated with multiple medical orthopedic malpractice cause by my Carle Clinic orthopedic surgeon,Chris Dangles,MD;

[b] the lapses in memory and inability to function since my Carle Clinic Association psychiatrist, James Whisenand, MD, prescribed outrageous amounts of psychiatric medications to "keep me calm"; and

[c] harassment by unethical law firm employers) were quick to claim that I was fired by multiple law positions at various firms. And, of course, Attorney Bill Moran, III allowed the prosecution claims unchallenged because to explain would to "make excuses" and refuse to take responsibility.

The IARDC did not know about the above factors because my then-attorney Bill Moran, III of Springfield,IL thought that my describing those effects would be tantamount to making excuses and refusing to take responsibility. I always disagreed. I accepted full responsibility for the harm my depression caused and I was trying to put the depression behind me.

I even asked my Carle Clinic Association psychiatrist several times "please tell me if I should not be practicing law" and Dr. James Whisenand assured me I was fine (as he was IMHO doping me into a drug induced walking coma.)

My partial Internet records (which will be on the Internet indefinitely to protect the world against me) are not accurate. And, it is likely that your medical records will have critical errors too. The world (including relatives, love interests, potential employers and potential business associates will see the information, whether correct or incorrect.)

Specifically, the ARDC claimed (and placed on the Internet) that I was fired by the law firm of Dobbins, Fraker in Champaign, Illinois. Absolutely wrong. Did not happen.

In fact, my departure from the Dobbins law firm was much more insidious. And since I agreed with two of my favorite partners at that firm to not disclose the true cause and because one of the significant players died an untimely death, I will not use names.

But, contrary to the Internet records, I left the law firm of Dobbins, Fraker by agreement. And the descent partners actually helped me find another job.

Shortly after I passed the bar examination in 1993, my grandmother (who helped raise me) died at age 93. I could not attend the funeral in North Carolina because I was studying for the bar. The solitary grieving process was much more difficult for me because I finally began grieving my brother who died years earlier. I was scared my whole family would die in NC while I was alone in Illinois.

The drama began in the year 1994. One of the law partners noticed that I was crying. He demanded to know what was wrong. That partner joined with a few of the young associates in the firm to call my mom in North Carolina and pretend to be a friend of mine to get information from my mom. Deceitful.

The law firm of Dobbins Fraker required that I see a psychiatrist as a condition of my further employment with the firm. Fine I thought. I had some panic attacks since my brother died and now with grandma dead and no family in Illinois, I was admittedly stressed. I liked the idea of seeing a therapist.

I felt unconfortable with the law firm paying the therapist. But the Dobbins Fraker partners told me that I certainly did not want a record of mental health treatment on my insurance and so I should not claim it. The partners said that it would not be ood for the ARDC to know that I saw a therapist. Gee, I was naive.

The law firm picked the therapist. Fine. But then the partner who initially saw me crying and began the intrusive behavior demanded that I allow him to speak directly with the therapist about my problems and progress.

Many of the law partners warned me to not sign an agreement where his rogue partner could communicate in detail about my mental health treatment. But I had nothing to hide and I wanted this partner (who by the way hired me and was my supervising attorney) to trust me again. How very naive I was. But fine, I signed the form willingly.

Weeks or so later and after apparently having spoke with my therapist about me, that law partner confronted me and accused me of lying and manipulating the therapist. He said that the therapist told him:

1. that my entire problem was that I needed to grieve and that I actually did not understand how to grieve.

2. that I was concerned about "bothering others" with my grief and so I suppressed it.

3. the therapy would involve working with me to understand the need to grieve and the fact that all people grieve differently.

4. the therapy would also involve the therapist working with me to process the range of emotions and understand that I was "allowed" to have a range of emotions and not be "crazy."

But the law partner at Dobbins Fraker did not accept the explanations and treatment plans given to him by the therapist (that the partners chose). The law partner thought (or perhaps IMHO "hoped") my problem was something more or "exotic."

What was the partner thinking? He never told me anything other than he did not trust me.

Since that law partner that did not trust me was officially my supervising attorney, two other partners took me under their wing. I loved it. Instead of just doing medical malpractice defense,I was studying health business and contract law. I was happier than ever. I was researching and helping to develop new law in Illinois (specifically one of my favorite memories was the work I did on the issue of corporate practice of medicine in Illinois).

But the initial partner was not happy that I was fine and happy.

One day the two really great partners came into my office and told me that I never had to allow the first partner to talk so much with the therapist. But, since I did, that partner did not trust me anymore and I would have to leave the firm.

What? The law partner violated my rights. He got all into my "mental health" and I get "let go"?

The partners told me that I could say it was my choice so that I could get another job. Those great men even helped me find a job where I would be in court more.

_________________

Sp why the incredible error on the Internet that states I was fired from the law firm of Dobbins Fraker?

Indeed, on the Internet, the ARDC stated that I was fired from that job. Of course, my attorney, Bill Moran, III of Springfield, IL never let me explain what happened. UGG. (Don't forget about my companion blog "Attorneys Don't Advocate" at http://unethicalemployers.blogspot.com

Both the empirical evidence and my humble opinion lean heavily in favor of the conclusion that Mr. William (Bill) Moran, III disliked me as a client perhaps because I struggled with depression. Or perhaps, Mr. Bill Moran, III was just plain a poor advocate (and, again, that may have been a factor of his not liking a client with the plethora of medical problems.)

1. I never stole as much as a penny from a client. I gave away my services more often than not. I volunteered in my community.

I promised to repay money to my clients who then became clients of Lynne Feldman (Erwin, Martinkus and Cole) when the amount I promised to return was more than the client ever paid me! I just wanted to avoid making life harder on the client than the client already perceived it as being. (That's a mouthful).

2. I never took an illegal drug.

3. My own psychiatrist completely over medicated me to as point that I could not function in combination with the multiple failed unnecessary orthopedic surgeries.

4. According to the IRS, my former employer (Lynne Feldman at Erwin Martinkus) illegally characterized me as an independent contractor so that I had no unemployment insurance after I pissed her off for accusing her of being unethical for stealing money from foreign nationals & refused to participate in the scheme.

Ms. Feldman showed up as a pal of the ARDC prosecutor and went out to lunch during breaks of the hearing. That in and of itself would be fine except that Ms. Feldman was allowed to testify about out right lies "Cheryl destroyed documents" without my "attorney" Bill Moran, III (Springfield, IL) so much as crossing her on the allegation or her potential bias against me.

5. No wonder I had a period of depression. I could not keep up with the demands of clients who needed me, my crippled orthopedic condition and the financial problems caused by the Erwin firm illegally characterizing me as an independent contractor

_______________

My point in this colloquy is no tho begrudge my attorney discipline. I think some form of discipline was appropriate.

But my point to those of us that are advocate in this area is that once "accurate or inaccurate information" is on the Internet, it is there forever. And people who should not see it absolutely will see it. The information can misused and can be misapplied by those where never intended to even see the information.

I get Duke Clinic having its records on the same protected, safe server for all of the Duke entities. Anything beyond that should require additional medical releases by the patient for limited purposes.

There is no need for our medical information to be on the Internet for hackers and the world to see forever.

The only possible reason that Comrade Obama could be pushing this is that some partially skilled computer entry operators will have employment for a short period of time.

Whoo - hoo a jobs and stimulus plan.

Boo - hoo . . . at the expense of patient privacy.

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