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  1. #1

    Default Protections Under a Patient's Bill of Rights

    Mr Knowitall or Arron:
    I'm sorry but I have another question.I try to look up what I can on the internet,but what I can't find I have to ask you.I wanted to ask the attorney who has had my claim, this question,but I am communicating through a parilegal secretary who dosen't ask the attorney my questions,I'm trying to learn as much as I can about medical malpractice.
    I was confronted by my oral surgaen in a waiting room,concerning a procedure that I didn't want in front of other patients,instead of the examinating room.I was crying because I didn't want all my teeth pulled 18+ my good teeth, and humiliated because he confronted me infront of people.He told me I couldn't have a stemcell transplant unless I had the procedure.He told me everything that was wrong with my teeth infront of these people.
    The oral surgaen told me I had to have them all removed or I wouldn't have my transplant.I told him noway!He pretty much threatened me in front of other patients.He made the statement "You mean you are going to choose your life over your teeth?This surgean just basically downed me infront of other patients instead of taking me somewhere in private. I finally after a long confrontation agreed to the procedure.
    The oral surgean noted on my records that I was mildly stressed and didn't want this done.I was severely stressed from just going through life saving chemo and loosing my hearing in the process.He made me agree to this knowing I was under stress.The oral surgean hadn't even consulted with my transplant doctor to see if I had to have this done.I ask the surgean if I could have a couple days to think about it and he said "no"!
    The attorney who is reveiwing my case has consulted with an expert, who says that he thinks my teeth could have been saved.He says though, that he does not believe the surgean went below the standard of care. Is what happened to me a violation of my patients rights?If so wouldn't that mean that by violating my rights that he went below the standard of care?
    I was threatened,givin no other alternatives,forced to make a choice under stress,givin no time to think about it,and confronted infront of people in the waiting room.Thank you for your oppinion.I live in Missouri.

  2. #2
    Join Date
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    Default

    It may well violate your privacy laws, which vary by state. It would also appear to be a HIPAA violation, but I am not aware of any individual cause of action for such a violation.

  3. #3

    Default Patient's Bill of Rights:

    Thank you for the information I will see what I can find out about the HIPAA laws in Missouri.I would have thought that if a health care provider is found to have violated these laws, that would be considered practicing below the standard of care.
    I contacted a lawyer six months ago concerning this claim,he sent my records to another attorney.My only means of communication with the second attorney have been through the parilegal secretary of the first attorney.She relays messeges back and forth.I had not heard of the second attorney doing anything until Friday,he spoke with an expert dentist who said my teeth probably could have been saved,even I know that probably won't look good to a jury.The dentist doesn't beleive the surgean went below the standard of care.I really wish I could have been able to keep my teeth.I wish the dentist would have took me back to the examining room and talked to me there instead of the waiting room.I wish he would have consulted my transplant doctor to see if removing my teeth was really nessesary.The transplant doctor was very much surprised by this.My new oncoligist sent me to this oral surgean instead of a general dentist.The oral surgean is in to maxifacial and doesn't repair teeth.Thanks for the information.

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