I outed myself, can I sue for medical malpractice and disabi
I'm reading this:
[QUOTE=doghouse;6338237]As explained in the article, he isn't refusing to treat anyone. The sign is just an idle threat, sort of like Rush Limbaugh saying he would move to Costa Rica if health care passed.
Legally there is no duty for a physician to enter into a physician-patient relationship if they don't want to. In other words, whether or not the physician enters into a contract with a patient is voluntary on the part of the doctor, just as it is for the patient.
There are some exceptions. For example, anti-discrimination laws dictate a physician cannot refuse a patient because of their sex, race, religion, ethnicity, disability and in some states sexual orientation.
There is also a duty to treat in certain emergent situations.
And once the physician has accepted a patient -- once there is a physician-patient relationship, the physician may not abandon the patient. That is, they must help the patient obtain further care for any ongoing conditions, which in some cases means continuing to provide care for a reasonable period of time.[/QUOTE]
I'm a university student. I've gone to the University student health to see a clinical psychologist in order for an MD to prescribe medication. For 3 years, at about once every 6 weeks I have seen the same clinical psy, and gotten to know her well, for anxiety and adjustment, for 1 hour.
I asked her if she had any diagnosis, and she said she didn't, other than anxiety and adjustment disorder.
The clinic calls itself a safe space for homosexuals, and has a safe space all over the clinic and in every office.
After 3 years I decided to out myself, not as a homosexual, but as having Asperger's. I am on the autism spectrum. Mostly self-diagnosis
After a couple of more visits, which she realized that that is correct, told me she could not continue to see me due to "professional ethics".
She claimed that she does not have specialized training to treat a patient with an autism spectrum disorder (I did state that I had difficulty making friends) and therefore, her professional ethics prevents her from continuing to see me. Her degree in clinical psychology did not have training for ASD.
She referred me to a grad student, who had no specialized training in ASD, no knowledge of ASD, and was somewhat condescending. I also thought it was a HIPAA violation for her to provide my record to this grad student without my knowledge or consent.
Her supervisor, also a phD in clinical psych, was somewhat condescending saying that she thinks its "interesting" I'm comparing my outing to a homosexual. She states her staff of about 10 counselors have no one versed in ASD. I told her that her student clinic should hire a psych who has experience with ASD, or else make accommodations for me under federal disability law. I did not actually ask any special treatment for having ASD.
I obviously do not believe the student health clinic is a "safe space" for ASD. I regret declaring that I have Asperger's to my counselor in therapy in session, after 3 years, and providing her literature on the subject.
I'm pissed. :angry: I think that my psych's attitude to disability and autism spectrum is horrifying. I think her supervisor and the clinic's is equally horrifying.
Is my psych factually correct representation of her professional duties?
I want the school to pay for off-site psych specializing in ASD, out of the universal student health fee all students are charged, since the on-site psych doesn't want me. It seems obvious that the idea of a lawsuit has occurred to them and they don't want to talk to me.
Can I sue? I'm somewhat averse to taking on the University due to its superior legal resources. Since it is a state school, while I prefer to prosecute medical malpractice in civil court, with a jury, I worry it will be done in government court, which is slow and I think damage claims are limited.
BTW, I have posted this on other forums.
I would suggest speaking with your local legal aid society. I don't know that the university is required to provide you with counseling of any sort - they tend to offer these services as a perk, a "bonus". As far as I know, they're not required to do so. If it's a voluntary thing, I'm not sure you'd have a case. But your local legal aid people might be able to help. Best of luck!
fact is they do and I entered a doctor-patient relationship on account of this.
I can't stomach the idea of suing the University for what their clinic did.
leejosepho
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Location: 200 miles south of Little Rock
I have had the same kinds of experiences in different settings, and I think that is how incompetent or uncaring or fearful professionals get rid of someone they perceive as inconvenient or even some kind of threat. I asked an MD for a certain refill related to a physical matter and he unnecessarily refused and sent me off to see a specialist, then the specialist ultimately pushed me off to a nurse-practitioner because he was intimidated by my AS/HFA.
I would doubt you have much recourse, and you can be sure all those other folks have their butts covered.
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Yes, that is grossly unethical as well as illegal. If true, no legal action will even be necessary—merely the threat of it will suffice, as they do not want to face the consequences that could follow from that. You could report this to someone higher up in your university's administration.
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It is unethical to treat a patient that you have no experience with. Once it was realized that I had autism, with depression I had to change psychologist too. Training is important in medical ethics. All I would think in my opinion is that they would have to show that they didn't have the credentials to counsel you anymore. While not the same same example, it would be like a cardiologist try to treat a respiratory problem, while something my look originally like a heart problem, it's could be found to be respiratory, then you would need to go see another doctor even if the respiratory problem was causing heart problems.
Taupey
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Did you sign a release to allow your records to be viewed by the grad student? Was this grad student working in as a counselor in the same department as the psychologist? This really sounds messed up. They should have a psychologist who has training and experience with ASD. Unfortunately for you and other students on the spectrum, they don't. One of these days NT's are going to wake up and realise there's a whole lot more of us than what they thought. So many of us are undiagnosed. Damn we're everywhere, I have found out recently that one of my second cousins who was born on my birthday also has Aspergers.
