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Fwd: Modern Trends for the Disabled/ Those in PAIN/ Confidentiality/privacy, ...
In a message dated 96-06-01 12:02:12 EDT, METRA1001 writes:
<<
For the last two years, I have been doing 'bedside research' on current
trends for those in severe pain, and the disabled; I am sure many PAIN-L
subscribers (especially those with any type of pain/injury claim,
administrative proceeding, or insurance matter pending or behind them) will
find this information pertinent and compelling.
This is a synopsis of my findings, for those who are interested.
FINDINGS:
1. Modern insurers are refusing to honor, and fighting, nationwide, and in
some cases in Europe, any and all claims, using anything they can get their
hands on as a weapon to deflect or dodge the claim, forcing the INSURED to
sue, pulling the matter INTO THE COURTS. (Most often this is (but not limited
to people's medical, personnel and/or psychological files) psychiatric, but I
have found cases where insurers have used the coutroom reading of people's
OBGYN/UROLOGICAL files, and exploiting them, as well, mining them for any
kind of 'dirt' that can be used against (made public on) the patient. I have
thoroghly documented that trend.
2. Modern Physicians (and Employment Assistance Programs) often send all
sorts of injured patients to 'pop psychology-based rehabs' according to Dr.
Martin E.P. Seligman, former President of the American Psychological
Association. These use the "catharsis" method, (i.e the recovery movement) of
talking over childhood traumas, parental troubles, plus marital and or
employment stressors, and re-hashing and revealing extremely personal,
potentially damaging information. These programs often assure patients that
what they reveal will be totally confidential. HOWEVER, when the patient
files any sort of claim, or enters a lawsuit, the patient must give access to
ANY AND ALL medical records. Patients are often NEVER warned of the risks of
revealing such personal data, and, AS DR. SELIGMAN HAS DOCUMENTED, THERE IS
NO EVIDENCE ANYWHERE THAT THIS METHOD, LONGTERM, IMPROVES SPINE INJURY
PATIENTS, STRESS PATIENTS, OR CERTAIN OTHER PHYSICAL INJURIES SUCH AS STROKE,
HEART ATTACK, ETC.
3. Modern therapists are often failing to inform patients of the risks of
discussing and then of disclosing (signing a release of) extremely personal
information in therapy, thus placing THEIR (therapists) financial and
economic self-interest ahead of the patients' confidentiality/privacy.
4. MODERN COURTS across the nation, often do not understand Freudian
psychotherapy; our courts (judges) often find, WHEN A PATIENT FILES A LAWSUIT
FOR THE INSURER'S FAILURE TO HONOR A CLAIM, that the "STATE'S" 'need to
know' out-weighs the patient's (and therapists') need for privacy and
confidentiality (i.e. The New Informants, Bollas and Sundelson, 1995), so
they allow massive amounts of personal, sexual, psychological, and other
sensitive information to be allowed into evidence (and therefore at the
fingertips of hostile insurance lawyers, for what ever devious uses they can
dream up) such as reading them (patients session notes) aloud in court, and
in public, at the trial. Very few therapists have challenged this view, by
the courts, and those that have have been jailed, for failing to release data
on patients.
5. Patients are often unaware that pending federal legislation will soon
create a CONSOLIDATED NATIONAL MEDICAL DATABASE. Which will allow widespread
dissemination of ALL medical information, including psychotherapy notes, on a
coast-to-coast, national medical database. This will mandate ALL doctors to
submit ALL records on ALL patients to the government for loading onto the
database. Patients are just now being warned of such computer consolidation,
in New England a few other places, by some doctors, but generally, there is
no notification that this is pending.
6. Many psychiatrists and psychologists have NO TRAINING IN MEDICINE. In
other words, if you have ruptured discs, arthritis, or other debilitating
injury, THERAPISTS HAVE NO IDEA WHAT YOUR INJURY IS, or what to do about it.
What they WILL do, is look you over, and find out which one of FREUD'S 457
abnormal Categories you (the patient) fits into.
7. Many patients do not insist on reading or evaluating (critiquing) their
own medical files. OFTEN, doctors do not allow their patients access to
review their own files. I have had several doctors refuse to allow me access
to my own files, for example. I submit this is common. So patients are often
shocked when their files are read aloud in the courtroom.
Conclusions:
When you add ALL these factors into a complete package, it means a very
dangerous and unprecedented trampling of privacy, abuse of patients,
exploitation of patients, the broadcast of privileged information, which goes
against the creed of physicians. IF YOU ARE A PATIENT IN PAIN, you are fair
game for all of these factors. If you have any claim or lawsuit, you may
easily find that a list of ALL doctors you ever saw, including any therapy
you had, even ten or twenty years ago, plus your entire personnel history at
all jobs ever held, will often be used against you. The courts have ruled
that if you do not want to participate in such a witch hunt, simply do not
file a claim or lawsuit. These are the rules of the game, and patients are
often unaware of these trends, nor do they have any idea, what will be done
with the files once a release IS signed. My conclusion is, unless you want
all the above performed upon you, 'let the claimant beware' ... Anything you
ever said to a doctor or therapist (or rehab) can and will be used against
you..I would not take these trends or techniques lightly.
Alex >>
---------------------
Forwarded message:
Subj: Modern Trends for the Disabled/ Those in PAIN/
Confidentiality/privacy, etc.
Date: 96-06-01 12:02:12 EDT
From: METRA1001
To: PAIN-L@sjuvm.stjohns.edu
PAIN-L
For the last two years, I have been doing 'bedside research' on current
trends for those in severe pain, and the disabled; I am sure many PAIN-L
subscribers (especially those with any type of pain/injury claim,
administrative proceeding, or insurance matter pending or behind them) will
find this information pertinent and compelling.
This is a synopsis of my findings, for those who are interested.
FINDINGS:
1. Modern insurers are refusing to honor, and fighting, nationwide, and in
some cases in Europe, any and all claims, using anything they can get their
hands on as a weapon to deflect or dodge the claim, forcing the INSURED to
sue, pulling the matter INTO THE COURTS. (Most often this is (but not limited
to people's medical, personnel and/or psychological files) psychiatric, but I
have found cases where insurers have used the coutroom reading of people's
OBGYN/UROLOGICAL files, and exploiting them, as well, mining them for any
kind of 'dirt' that can be used against (made public on) the patient. I have
thoroghly documented that trend.
2. Modern Physicians (and Employment Assistance Programs) often send all
sorts of injured patients to 'pop psychology-based rehabs' according to Dr.
Martin E.P. Seligman, former President of the American Psychological
Association. These use the "catharsis" method, (i.e the recovery movement) of
talking over childhood traumas, parental troubles, plus marital and or
employment stressors, and re-hashing and revealing extremely personal,
potentially damaging information. These programs often assure patients that
what they reveal will be totally confidential. HOWEVER, when the patient
files any sort of claim, or enters a lawsuit, the patient must give access to
ANY AND ALL medical records. Patients are often NEVER warned of the risks of
revealing such personal data, and, AS DR. SELIGMAN HAS DOCUMENTED, THERE IS
NO EVIDENCE ANYWHERE THAT THIS METHOD, LONGTERM, IMPROVES SPINE INJURY
PATIENTS, STRESS PATIENTS, OR CERTAIN OTHER PHYSICAL INJURIES SUCH AS STROKE,
HEART ATTACK, ETC.
3. Modern therapists are often failing to inform patients of the risks of
discussing and then of disclosing (signing a release of) extremely personal
information in therapy, thus placing THEIR (therapists) financial and
economic self-interest ahead of the patients' confidentiality/privacy.
4. MODERN COURTS across the nation, often do not understand Freudian
psychotherapy; our courts (judges) often find, WHEN A PATIENT FILES A LAWSUIT
FOR THE INSURER'S FAILURE TO HONOR A CLAIM, that the "STATE'S" 'need to
know' out-weighs the patient's (and therapists') need for privacy and
confidentiality, so they allow massive amounts of personal, sexual,
psychological, and other sensitive information to be allowed into evidence
(and therefore at the fingertips of hostile insurance lawyers, for what ever
devious uses they can dream up) such as reading them (patients session notes)
aloud in court, and in public, at the trial. Very few therapists have
challenged this view, by the courts, and those that have have been jailed,
for failing to release data on patients.
5. Patients are often unaware that pending federal legislation will soon
create a CONSOLIDATED NATIONAL MEDICAL DATABASE. Which will allow widespread
dissemination of ALL medical information, including psychotherapy notes, on a
coast-to-coast, national medical database. This will mandate ALL doctors to
submit ALL records on ALL patients to the government for loading onto the
database. Patients are just now being warned of such computer consolidation,
in New England a few other places, by some doctors, but generally, there is
no notification that this is pending.
6. Many psychiatrists and psychologists have NO TRAINING IN MEDICINE. In
other words, if you have ruptured discs, arthritis, or other debilitating
injury, THERAPISTS HAVE NO IDEA WHAT YOUR INJURY IS, or what to do about it.
What they WILL do, is look you over, and find out which one of FREUD'S 457
abnormal Categories you (the patient) fits into.
7. Many patients do not insist on reading or evaluating (critiquing) their
own medical files. OFTEN, doctors do not allow their patients access to
review their own files. I have had several doctors refuse to allow me access
to my own files, for example. I submit this is common. So patients are often
shocked when their files are read aloud in the courtroom.
Conclusions:
When you add ALL these factors into a complete package, it means a very
dangerous and unprecedented trampling of privacy, abuse of patients,
exploitation of patients, the broadcast of privileged information, which goes
against the creed of physicians. IF YOU ARE A PATIENT IN PAIN, you are fair
game for all of these factors. If you have any claim or lawsuit, you may
easily find that a list of ALL doctors you ever saw, including any therapy
you had, even ten or twenty years ago, plus your entire personnel history at
all jobs ever held, will often be used against you. The courts have ruled
that if you do not want to participate in such a witch hunt, simply do not
file a claim or lawsuit. These are the rules of the game, and patients are
often unaware of these trends, nor do they have any idea, what will be done
with the files once a release IS signed. My conclusion is, unless you want
all the above performed upon you, 'let the claimant beware' ... Anything you
ever said to a doctor or therapist (or rehab) can and will be used against
you..I would not take these trends or techniques lightly.
Alex