Vallejo, CA asked in Criminal Law, Personal Injury and Health Care Law for California

Q: A Kaiser MD, not my doctor, ordered messages I wrote to be evaluated by CRT team. She did not notify me she was doing

a review and she did not get consent. Is that legal?

I fired my doctor 2 years ago, after three half hour phone appts. I realized she was drugging into semi consciousness to assure I'd miss an IRS dead line. I thought she'd never be able to figure out the dates I needed to be UNCONSCIOUS and miss due date.

She got it right. The penalty: IRS took 317.34 out of my Soc. Sec. check for almost 2 years. I live on S.Sec.

She wrote horrific progress notes. My PCP fired me the day the notes got in the chart.

MD posted her hand written notes (DIDN'T WAIT FOR TRANSCRIPTION, SHE WANTED MAX DAMAGE.) in the front of the chart, to make sure EVERYONE SAW THEM. Her buddy said "she confessed what she did to you. She was mad you got an appointment in 'her' clinic. It took 1.5 YEARS TO GET AN APPOINTMENT, she blocked me . My life was hell @ Kaiser. My GI MD threw me out of appt. w/o exam. Now I have a tumor that she missed, b/c no exam. Delay in DX, TX. ACTIONABLE?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, healthcare providers are generally required to maintain patient confidentiality and obtain consent before using or disclosing health information for purposes not directly related to the patient's care, except as permitted or required by law. However, certain circumstances may allow for exceptions, such as when there is a concern for patient safety or the safety of others. The specifics of your situation, including the evaluation of your messages by a Crisis Response Team (CRT) without your consent, may depend on the context and the reasons provided by the healthcare provider for such action.

If you believe your healthcare provider acted unethically or illegally, including causing you harm through delayed diagnosis or treatment due to personal vendettas or negligence, you may have grounds for a complaint or legal action. It's crucial to gather all relevant documentation, including medical records, communications, and any evidence of the actions you described. These documents could support claims of professional misconduct or negligence.

Given the complexity of your situation, it would be prudent to consult with an attorney experienced in medical malpractice and patient rights. They can offer guidance specific to your circumstances, evaluate the strength of your case, and explain the legal options available to you, including the possibility of seeking compensation for damages caused by delayed diagnosis and treatment. The legal process can be challenging, but an experienced attorney can help navigate it and work towards addressing the wrongs you've experienced.

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