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Old Yesterday, 09:26 PM
 
Location: Milwaukee
4,989 posts, read 2,285,896 times
Reputation: 3166

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Hoping someone has experience with this type of situation--

A friend of mine (I don't know her that well, she's more like a friend of a friend) believes that she has been totally f'd over by her doctors. She has asked me to edit her written medical board complaint. It is about 50 pages long and extremely rambling and convoluted. She has been on Zyprexa and she thinks it may have damaged her brain.

Seems like the best approach would be to get it in chronological outline form with bullet points.

She is offering to pay me but I just told her that if she gets a massive settlement we can talk. But I really just want to help her get this complaint filed--not expecting any money.

Any thoughts? Does anybody have experience with filing such a complaint?

Last edited by AguaDulce; Yesterday at 09:51 PM..
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Old Today, 12:07 AM
 
9,381 posts, read 9,479,979 times
Reputation: 29499
Quote:
Originally Posted by AguaDulce View Post
Hoping someone has experience with this type of situation--

A friend of mine (I don't know her that well, she's more like a friend of a friend) believes that she has been totally f'd over by her doctors. She has asked me to edit her written medical board complaint. It is about 50 pages long and extremely rambling and convoluted. She has been on Zyprexa and she thinks it may have damaged her brain.

Seems like the best approach would be to get it in chronological outline form with bullet points.

She is offering to pay me but I just told her that if she gets a massive settlement we can talk. But I really just want to help her get this complaint filed--not expecting any money.

Any thoughts? Does anybody have experience with filing such a complaint?
My advice is don't write the complaint. You don't even really have an idea what she specifically claims her doctor or doctors did that was wrong do you?

You've admitted she probably has brain damage and that in your words she has written "an extremely rambling and convoluted" document.

Has it occurred to you that maybe she has some organic mental problems that cannot be effectively treated? Such things do exist and with commonality. Problems like schitzophrenia and manic depression can be treated, but they cannot be cured. Another thing that might occur to you is that she may not be following all the advice she has been given by her physician. Do you know for a fact that she has?

My advice is this: Instead of writing a complaint to the state medical board encourage your friend to seek a second opinion from another doctor in that specialty. If the doctor reaches the same diagnosis and prescribes the same treatment its a pretty good indication that the problem is simply that the condition cannot be effectively treated.

You aren't helping if you help prepare a document that has little or no factual basis.
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Old Today, 04:08 AM
 
Location: Cebu, Philippines
5,079 posts, read 1,969,593 times
Reputation: 9318
A letter will get you nothing. Lawyer. Any lawyer will listen to you a while for free. If he takes your case you win (and so does he).

Figure out a way to summarize the main points in a few minutes, the lawyer will quickly tell you if there is a case. If you can print on two pages clearly, thats best -- lawyers can read a lot faster than they can listen.

Malpractice is very hard to wn. An unexpected outcome by a competent professional following accepted standards does not make malpractice.
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Old Today, 06:45 AM
 
Location: Milwaukee
4,989 posts, read 2,285,896 times
Reputation: 3166
Quote:
Originally Posted by markg91359 View Post
My advice is don't write the complaint. You don't even really have an idea what she specifically claims her doctor or doctors did that was wrong do you?

You've admitted she probably has brain damage and that in your words she has written "an extremely rambling and convoluted" document.

Has it occurred to you that maybe she has some organic mental problems that cannot be effectively treated? Such things do exist and with commonality. Problems like schitzophrenia and manic depression can be treated, but they cannot be cured. Another thing that might occur to you is that she may not be following all the advice she has been given by her physician. Do you know for a fact that she has?

My advice is this: Instead of writing a complaint to the state medical board encourage your friend to seek a second opinion from another doctor in that specialty. If the doctor reaches the same diagnosis and prescribes the same treatment its a pretty good indication that the problem is simply that the condition cannot be effectively treated.

You aren't helping if you help prepare a document that has little or no factual basis.
It is written. It details the allegations and makes claims that her doctor's records do not align with her version of events. It just needs to be organized and edited. I am an experienced proofreader/editor, which is why she came to me.

It has occurred to me that there are underlying issues, but there is a marked change in her from the way she was before treatment. She is a kind person who has reached out to me for help, and I want to help her if I can.

She has seen several doctors for various issues related to her original issue, due to side effects from the medication.

It is not up to me to determine whether her assertions have factual basis.

I appreciate your input.
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Old Today, 06:51 AM
 
Location: Milwaukee
4,989 posts, read 2,285,896 times
Reputation: 3166
Quote:
Originally Posted by cebuan View Post
A letter will get you nothing. Lawyer. Any lawyer will listen to you a while for free. If he takes your case you win (and so does he).

Figure out a way to summarize the main points in a few minutes, the lawyer will quickly tell you if there is a case. If you can print on two pages clearly, thats best -- lawyers can read a lot faster than they can listen.

Malpractice is very hard to wn. An unexpected outcome by a competent professional following accepted standards does not make malpractice.
My intention is to help her organize and summarize the main points so that when she seeks legal advice, she can communicate to them more clearly. The idea of going to the medical board with the complaint is that it is a first step.

Thanks for your reply.
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Old Today, 08:25 AM
 
Location: Central Florida
2,131 posts, read 2,745,278 times
Reputation: 8368
I used to do legal work for a state medical board. I am not licensed to practice law now, and this should not be considered as legal advice, but here is what I suggest:

Keep the complaint as succinct and as clear as possible. Your thoughts about organizing it chronologically with bullet points are very good.

Include only facts -- no opinions, no assumptions, no accusations, no name calling, no swearing. Your friend wants to sound like a reasonable person here.

If the process works the way ours did, the agency will do an investigation into the facts to see if there is probable cause to discipline the doctor. They will contact your friend to ask questions. They will look at relevant medical records, question any witnesses. The doctor will be notified that an investigation is under way.

Your friend is not suing the doctor in this process. It is the state versus the doctor, with your friend as primary witness.

And this is much more than just sending a simple letter -- the state takes these complaints very seriously, and will investigate every complaint that appears to have a basis in fact.

You're a good friend to be helping her out with this. Good luck.
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Old Today, 08:31 AM
 
Location: Southwestern, USA
16,253 posts, read 12,633,382 times
Reputation: 17131
Ex: Type in, (google), Wisconsin Disciplinary Board.
Some states it is called DORA, Dept of Regulatory Agencies.
Board of Professional Licensing, whatever...

Try what you can..they all lead to a Complaint area...it will be investigated
properly and discretely...well, at first, anyway, ha.
That person will at least be more careful even if nothing comes of it.
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Old Today, 08:34 AM
 
Location: Wisconsin
17,704 posts, read 17,971,731 times
Reputation: 43461
Quote:
Originally Posted by WellShoneMoon View Post
I used to do legal work for a state medical board. I am not licensed to practice law now, and this should not be considered as legal advice, but here is what I suggest:

Keep the complaint as succinct and as clear as possible. Your thoughts about organizing it chronologically with bullet points are very good.

Include only facts -- no opinions, no assumptions, no accusations, no name calling, no swearing. Your friend wants to sound like a reasonable person here.

If the process works the way ours did, the agency will do an investigation into the facts to see if there is probable cause to discipline the doctor. They will contact your friend to ask questions. They will look at relevant medical records, question any witnesses. The doctor will be notified that an investigation is under way.

Your friend is not suing the doctor in this process. It is the state versus the doctor, with your friend as primary witness.

And this is much more than just sending a simple letter -- the state takes these complaints very seriously, and will investigate every complaint that appears to have a basis in fact.

You're a good friend to be helping her out with this. Good luck.
Well said.

BTW, I would keep a copy of the original, rambling 50 page letter. It may come in handy, at a later date, to demonstrate the extent of the damage.
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Old Today, 08:36 AM
 
8,191 posts, read 2,427,028 times
Reputation: 9653
Quote:
Originally Posted by markg91359 View Post
My advice is don't write the complaint. You don't even really have an idea what she specifically claims her doctor or doctors did that was wrong do you?

You've admitted she probably has brain damage and that in your words she has written "an extremely rambling and convoluted" document.

Has it occurred to you that maybe she has some organic mental problems that cannot be effectively treated? Such things do exist and with commonality. Problems like schitzophrenia and manic depression can be treated, but they cannot be cured. Another thing that might occur to you is that she may not be following all the advice she has been given by her physician. Do you know for a fact that she has?

My advice is this: Instead of writing a complaint to the state medical board encourage your friend to seek a second opinion from another doctor in that specialty. If the doctor reaches the same diagnosis and prescribes the same treatment its a pretty good indication that the problem is simply that the condition cannot be effectively treated.

You aren't helping if you help prepare a document that has little or no factual basis.
The doctor is always right is your response? SMH. Even though you know NOTHING about this person or her medical history. How can you make such a statement?

Some people can't write for crap. Seen it firsthand with a person who was a tremendous speaker, great with people. First drafts sounded like they were written by a 12 y old.

But I digress. Medicine is always right, patient is always wrong. Got it.
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Old Today, 09:06 AM
 
Location: Milwaukee
4,989 posts, read 2,285,896 times
Reputation: 3166
Quote:
Originally Posted by WellShoneMoon View Post
I used to do legal work for a state medical board. I am not licensed to practice law now, and this should not be considered as legal advice, but here is what I suggest:

Keep the complaint as succinct and as clear as possible. Your thoughts about organizing it chronologically with bullet points are very good.

Include only facts -- no opinions, no assumptions, no accusations, no name calling, no swearing. Your friend wants to sound like a reasonable person here.

If the process works the way ours did, the agency will do an investigation into the facts to see if there is probable cause to discipline the doctor. They will contact your friend to ask questions. They will look at relevant medical records, question any witnesses. The doctor will be notified that an investigation is under way.

Your friend is not suing the doctor in this process. It is the state versus the doctor, with your friend as primary witness.

And this is much more than just sending a simple letter -- the state takes these complaints very seriously, and will investigate every complaint that appears to have a basis in fact.

You're a good friend to be helping her out with this. Good luck.
Thank you.
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