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ADHD lawyer for malpractice suit?I would like to sue this incompetent and disagreable shrink.I am looking with someone who has experienced "malpractice" and who may be able to refer me to the appropriate lawyer. My story: I am myself a 48 year old physician, currently a psychiatry resident, on medical sick leave because of a "nervous breakdown". On the 18th of August 2006, I met with the associate director of the residency program I am in, because they had noticed some difficulties I was having at work. I explained to her that I was being treated for being bipolar and that I was having some difficulties. She was very understanding and recommended I seek professional hep which I did. I went to see this psychiatrist DM on 29 August 06. One of my main complaint was INCREDIBLY POOR MEMORY/CONCENTRATION, so bad that DM was actually surprised I had made it this far (as I said above, I am a physician, but with a history of a failed professional and personal life for the past 20 years, always feeling I could have done better if I was organized and had memory). I kept loosing my keys, getting lost, just not remembering anything. I have been diagnosed as bipolar in the past, but this may or MAY NOT be correct (I do have a positive family history for bipolar and I have been on mood stabilizers for years with no improvement). I was distraught and in tears. He saw me for about 2 hours, performing what was supposed to be a complete history. I seem to remember he did not cover key aspects of my history such as my concentration and behavior as a child and the family history of distractibility (my father and my daughter) or impulsivity. I may or may not (I do not remember) have evoked myself the potential diagnosis of adult ADHD. Nevertheless he stated something to the effect that my concentration depended on my "bipolar depression", when the depression got better, my concentration would improve which I had already heard from other psychiatrists in France (where ADHD is not very much accepted as a diagnosis) in the past. All he did was crank up my mood stabilizers. I then saw him on Sept 5th and Sept 12th for F/U, still complaining of ongoing memory problems. In the meantime and with my permission, he had contacted my last physician in France (I have always been very trusting of my Doctors, fairly compliant even when I disagreed with the treatment and never when hopping left and right from Doctor to Doctor). All he said is that I kept trying to "dictate my treatment" and only adjusted the current medications I was on. What was being prescribed was not innocuous: Valproic acid and Lithium, which may make concentration worse, Lamictal as well as Risperdal (blurry vision). All can have serious adverse effects including death. He still did not address specifically the issue of concentration or assess me formally for ADHD (which honestly is not that complicated, as a second year resident I have identified and successfully treated some), a widespread condition affecting 5% of adults (bipolar affects only 1%). Because my concentration was so bad, I requested sick leave a few days later. During that time, I was incredibly depressed and very SUICIDAL. I may not have been suicidal when I saw him, but I do not recall him having asked me If I was (but my memory of these events is poor). Although I was so sick and non functional I could not even think properly, I realized that, although I may be bipolar, I probably had ADHD, I then went to see one of my Professors at the University (an ADHD specialist) who confirmed what I thought. This was in mid-September 06. This second psychiatrist who questioned me on my mood (bipolar aspect) but also on my concentration and put me on Adderall which improved my mood(not my concentration at the time) within hours. My concentration is now (as of February 22, 07) getting better and I am becoming a normal person. I have had some neuropsychiatric testing which clearly shows that I had bad cognitive functions. In summary. - DM is a trained psychiatrist, not a GP or internist yet, although I may or may not (probably not) have bipolar, - I do not remember him focussing on my concentration problems or any other symptoms of ADHD a well described, easily treatable illness affecting 5% of the population. - I may have raised the issue of ADHD, in which case he dismissed it - He just went along with a past diagnosis which was questionable and that I questioned - I feel he unnecessarily endangered my life, both by not noticing my state was so bad that I was close to suicide and by continuing to prescribe dangerous drugs which may not have been necessary. I have since discontinued those without any mood problems, if not the contrary. - He did not recommend any further work-up for my concentration even though that work-up is safe (neuropsychiatry testing) - I felt he did not listen to me and to make matters even worse, he had the bedside manners of a prison door (I probably would not want to sue him otherwise). - He was not very available. Furthermore, in spite of the fact that I begged him to communicate with me by e-mail and that I was willing to sign a waiver since he did not look at his mailbox on a frequent basis (that was because of confidentiality issues at work, I could not phone or fax discreetly from work). Then when he would return my calls (I once did not have my cell phone with me or was out of coverage area), he would get upset at me for not having been able to answer). - He also got upset at me for getting a second opinion and got very upset for switching Doctors, to the point where I barely dared ask for a replacement receipt for one I had misplaced. - He never followed up to see if he may have been WRONG? If he did ask me about ADHD symptoms (which he may have done; as I said, my memory was very poor), he would have noticed they were typical of ADHD. That would be malpractice. If he did not, that is malpractice as well. Thank goodness I did take matters into my own hands (by going to see another Doctor, but I NEVER SELF PRESCRIBED), otherwise I still would be struggling, getting inappropriate treatment or I would be six feet under. |
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