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A GP Doctor discriminating- Do I have a case

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JudyRyan1973 View Drop Down
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Joined: 02/December/2012
Location: Australia
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  Quote JudyRyan1973 Quote  Post ReplyReply Direct Link To This Post Topic: A GP Doctor discriminating- Do I have a case
    Posted: 02/December/2012 at 07:42
It has taking me some time to be able to deal with what this Doctor did to go out of her way to prevent me from obtaining the correct medical help needed, for me to be functioning the way I am currently to date.

I had been seeing this GP for 3y. The Dr. had diagnosed me with Di-polar, she had me on 8mg Xanax, 300mg effor XR daily these are heavily sedating anti psycotic drugs. It found it extreamily difficult to function in my day to day life.

At that time of my life I was A Carer for a woman who suffered from a closed brain injury. As well as 3 children ages 9,7,5y.

May 2011, I asked this doctor for a referal to a psyciatrist. The dr. asked why. I explained that i did not believe I had bi-polar and I would like to be assessed by a psyciatrist for ADD- Attention Deficit Disorder. She said "F&%* Off, you have bi-polar, I've diagnosed you with bi-polar". I said that i did not see why she could not give me a referal seeing as she was the only GP I had, she had a long history with me. Again her words were F*&% off Judy, Get out of my office".

I went back in July 2011, asking for another referal to a psyciatrist. This time I told the doctor that I had relapsed on a drug called ICE, I explained to her that i just want help and to please give me a referal. The Dr, Said " You are nothing but a F&@%ing Junkie, Don't come back here again I'm black listing you, You F&%*en Junkie, Get out of my surgery" All of this was yelled at me.

A week later I saw a different Gp at a different practice and obtained a referal to a psyciatrist.

In August 2011, I had the hours consultation with the psyciatrist. This cost $440.00. The psyciatrist diagnosed me with ADD- Attention Deficit Disorder. I was to start on a new medication the next day.

The next day I phoned my Phamacy to see if my medication had arrived, he said "Your not welcome here anymore, Ive spoken to your Gp, she has canceled all of your medication. Your psyciatrist also cancelled your new prescription. You lied to the psyciartist to get this medication".
I was in awe. This hit me like a ton of bricks. I said "I don't understand, lied what are you talking about". He went on to say "You did not tell the psyciatrist that you were currently taking ICE". I was extremely angry at this stage. I hung up the phone.

I rang a mental health advocate to speak to this Gp, after he spoke to her his remark to me was that she has it in for me. He thought this t be a personal vendetta he could not do anything, but suggested i saught legal advice.

I rang the psyciatrist, He said for me to come in immediatly to see him. In his office he told me that this GP had phoned him and made a convincing statement that i was just trying to get high on prescription drugs. I said to the Psyciatrist. "How the hell could she do that, you spent over an hour in consultation the previous day with me, your the one who is qualified to diagnose these disorders, It said in the referal that i was currently using Crystal Meth, didn't you read the referal". He said "No" He went on to say. "Well it's going to take a little bit longer, we just have to do a little more, my collegue will asses you, we need a second diagnosis, then we need to write to the pharmcutical board, & wait for a response from them. We will take it from there Okay then".

I had never stopped taking the medication Xanax or Efexor XR, A couple of days later I went back to the x to collect these medication. I was told that those scripts had been cancelled. I said "You can't do that, I can't just stop taking these medications". The pharmasist said "The Doctor owns the script, she cancelled them". I was perscribed 3x50-150 Xanax a month. I would take 1 bottle home and leave the other bottles there, pick up when needed. I still had one bottle that had been paid for and dispensed, I just left them there because i thought this was a drug that needed to be kept a the x, I was doing the right thing. The pharmastst said "I threw them out". To me this meant he threw my medication in the garbage.

Months later, I obtained a copy of the referal, I gave a copy to my pharmasist. I wanted him to see that i did not lie to get this medication, and that it clearly stated - CURRENTLY ADDICTED TO CRYSTAL METH.

I wanted to take my life. I was having a break down. My body was withdrawing from all this medication. I was driving down the road with my children in the car and about to runs the 4 of us into a brick wall when my daughter grabbed the stearing wheal and we slammed into a gutter in stead.

I contacted the psyciatris immediatley explaining what had just happened, I went in that afternoon, he said this was absolutley pathetic, this medication can not just be stopped, He did not want me taking Xanax, he perscribed me Valium.

6 weeks later i had the second assesment with the other psyciatrist. He too diagnosed me with ADD. 3 weeks later we got the confirmation from the pharmasutical board for me to receive Dexamphetamine medication. I was to pick up my medication daily. I did this for 8 months, then pick up every second day for 4 months, and now I pick up weekly.

I believe this GP, defamed me, hindered me in getting medical help. She put my life and the life of my children at risk.She rang other GP's and lied about me. I could not see a GP for quiet sometime. I had to get my psyciatrist to perscribe asthma medication.

Do I have a case for Discrimination, or lack of duty of care from this GP?
   

BD Eye View Drop Down
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Joined: 15/March/2012
Location: Australia
Posts: 833
  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 02/December/2012 at 12:19
I think the hurdle you will have to overcome is that you were addicted to Methamphetamine and the treating GP would argue they had concerns that you were simply trying to get a script dexamphetamine for your amphetamine addiction.

Unfortunately a lot of addicts try things like this, and it makes it hard for people like yourself who are trying to do the right thing.

I think in this case the GP's duty of care could also be argued to be in preventing you from obtaining pharmaceuticals that would feed your addiction.    
BD Eye

JudyRyan1973 View Drop Down
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Joined: 02/December/2012
Location: Australia
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  Quote JudyRyan1973 Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2012 at 08:38
I'm not argueing the fact regarding the script of dexamphetamine. It's about taking me being taken off medication (Xanax 8mg per day) this medication is not to just be stopped. Does the Dr. have a duty of care regarding stopping the medication Xanax. 6 weeks after she found out, through other means that I consulted another doctor for a referal to a psyciatrist. She put me and my childrens lives in danger, by just stopping this medication, also preventing me from seeing Gp's. In the end 2 psyciatrists have diagnosed me with Adult ADD. It's not the ADD diagnosis or the dexamphetamine medication. I did not ask her for the ADD medication. This is something that she is not qualified to prescribe. I'm glad not to be on Xanax and Efexor XR, this is something the psyciatrist was planning on taking me off. I am now medicated correctly. My arguement is did she have a duty of care, just stopping these medications that she put me on in the first place. She did this out of anger towards me. She just kept upping the amount Xanax I had daily. Surely she can not just stop this.

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 03/December/2012 at 11:48
There is a means of making a complaint against a doctor, for details click here, but be aware, it was your action of Doctor Shopping, which started all this, and it is possible that the complaints commission will hold that the doctor acted correctly in refusing to continue treating you if he was of the belief that another doctor was now treating you.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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