[Caladium]

I recently had a Q.M.E. for my side that came back with a lower rating for depression than the defense Dr.'s Q.M.E. My attorney said that she felt I was an unfortunate pawn that this Dr. probably used to try and further his career by becoming a A.M.E.

He literally said that he felt that the pain as well as loss of my career, my finances being drastically impacted, being home bound and unable to drive were not causing depression at all!!

I am asking that you who have felt depressed or been treated for depression please share your feelings regarding his decision, and your own experiences, if you would for me, so that I can to give them my attorney to use in court.

Also, he made the statement in my report that I spent too much tome at forums like this one where "people came to whine and seek comfort from each other"!!!

I will also be p.m. ing some of you to request permission to copy your threads for the purpose of demonstrating all of the valuable information that is shared here.

Thanks in advance guys!!
Cala

[Jomar]

Does your atty think personal accounts from forum members will be useful as evidence??
At the very least wouldn't you have to have real names and addresses so as to be verified - that it wasn't all made up anonymously?

about the drs comment on Forums/internet-
I got the rolled eyes thing and a look - the times I mentioned info from a "forum" or the internet - so I decided that the majority of Drs have a problem with their patients becoming informed consumers.


Reminder-
If any personal info is sent- a PM is the best way to do that.

[towelhorse]

dear caladium, i have no doubt that any strategies that might be suggested to you at this forum are being viewed by the medical professonal, so they would want to be irrefutable truths, ones that he would only make a fool of himself if he contested their validity. i would suggest to you that if this forum contributes to you being able to handle the difficulties that are associated with thoracic outlet syndrome then the doctor is only making your situation worse by attempting to take away that support. has he called for a disbanding of alcoholics anonymous. does he insist that mothers who are suffering from post natal depression should remain at home and not seek support from others who understand. in my situation I am disappointed by the queue of disingenuos medical practitioners waiting to make a dollar out of misreporting my condition, can they not try and help rather than hinder. regards towelhorse

[finz]

Are you seeing a psychiatrist or therapist ? I would think that their documentation would count for a lot.

[Caladium]

I appreciate your writing both here and p.m.ing me.

Yes, I have a therapist, and he will come and speak in my behalf. I guess I am wanting to speak up for this community at court. I am furious that someone would even begin to judge us. Let him walk a day in our shoes and then let's see who the whiner is.

I was hoping to be able to speak for everyone, as well as defend myself. If more people want to share what they are experiencing, I would also like to try and approach the Governor in my state, as others here have. I feel like the more the merrier.

Also, recently, in Newsweek there was an article on chronic pain. It discussed the prblem the injured military in Iraq faces with the long delays in Medical care causing less effective and complete recoveries from injuries, and even mentioned RSD. I want to contact Newsweek and see if they are interested in how injured workers are being denied care... mental as well as physical.

Please all, your thoughts...

Cala

[HopeLivesHere]

Dear Cala

What a great idea. I think Jo brings up some excellent ideas also.
Doctors need to let go of their big egos and know a support forum isn't for wimps..it is family where you can find the compassion that is not in too many doctor offices.
I read that newsweek article yesterday. It was excellent but no TOS info. But covering pain as they did, was excellent. If it takes the wounded soldiers to get this country to fund pain research, then let's all praise the men who serve our country. Why aren't there more articles written on doctors and their attitudes as well as huge ego problems. I'd like to see that on the cover of newsweek. Your ideas are great. Hope I can be of some help
Hope

[Caladium]

and again, the rest who have replied.

Jo, sorry, some how I missed your post. My attorney is suggesting gathering information to help my case, as a whole. The purpose is to show how off base the pyschiatrist is on this particular issue.

It is also to helps demonstrate to the judge the efforts Tos patients make to educate themselves, support each other and recover from TOS to the best of their ability. Unfortunately, there is an attitude that because TOS is so difficult to diagnose, and at times, difficult to see, (on the whole, I look pretty darn healthy!) the comment has been made a number of times that there is not an effort to try and rehabilitate, but rather that we are a group that is just milking the system.

My attorney has TOS, from a car accident. Fortunately, she was treated immmediately, and is now able to work. She has a personal interest in seeing that TOS gets recognized for it's true impact on injured workers, at least in our local court system. She is hoping that it not only helps my case, but can help others that come through.

I would also like to send the information to the psyc. and a Dr. that I was referred to (and didn't go back to!) who said the exact same thing! I guess I want them to know they are DEAD WRONG about this forum!!

I like Towelhorse's suggestion..." this forum contributes to you being able to handle the difficulties that are associated with thoracic outlet syndrome; the doctor is only making your situation worse by attempting to take away that support. has he called for a disbanding of alcoholics anonymous. does he insist that mothers who are suffering from post natal depression should remain at home and not seek support from others who understand?"

These arrogant ninnies need to know they don't know it all and obviously don't have all the answers.

I hope that helps/ makes sense.

Thanks again All!

Cala

[tshadow]

I don't know what state you are in, but in CA none of this would be considered admissable "evidence." The only issue in your work comp case regarding this support group is how long and how often you are on the computer, as that would relate to some kind of work you could perform. Remember what your goal issues are - proving a work injury, and the extent thereof, and establishing what future medical you need.

So the psych issues are relevant only as to whether you have an "injury" there that impedes your daily activities, and whether you need some future therapy.

As far as "testimony" - in CA, doctor testimony is limited to REPORTS only, the therapist would NOT come in and testify. On some occasions, when the attorneys or judge want further illumination on specific issues, (narrowed issues), they then have a deposition scheduled. There is no way the hallways could be filled with medical personnel with the hundreds of cases we have each AM and PM, and with all of the continuances and settlements.

One defense QME said some pretty crappy things about my case, and it bothered me for one day. The Social Security doctor said some outrageous things at my hearing (that doctor is there, all day) and I did NOT react which I believe helped me to win my case.

Your attorney needs to have that negative QME reviewed by your therapist, who then needs to write a critical report, and that critical report needs to be read by your primary treating physician with comments in a report thereon. That will be admissable to squash most if not all of the effect of that report, especially if there are some factual problems with it. In that regard, you can help your therapist by carefully reading the report and noting those errors. If no errors, then let the docs "do their thing" by their own medical opinions - they know what to do. But it must be done, and not just left hanging out there with no medical criticism.

Do not forget that when you testify, your own attorney can flesh out if you ever had a history of depression, when your injury occurred, when the depression started, and how it affects your activities today. That IS admissable evidence, and generally the courts view the testimony in favor of the applicant (by law.)

So that ONE QME, even though it came from "your side", will probably be viewed as an anomally, when all is said and done.

These are the most effective things you can do.

As far as using other people's posts, I personally would be offended. This is where I come anonymously, except to those who know me at the CA TOS group, and I don't want my personal emotional, medical, work comp, etc., "stuff" used in ANY situation outside of this forum. I believe there are terms of use on that. Not to be harsh, but remember the purpose of this group, neverminding that it wouldn't be admissable anyways. Newspaper / mag articles are also not admissable, as they are not considered expert medical evidence withing the statutory process and rules, but, they could give you a clue maybe as to getting a name for another referral, or an argument point. But do not think that your attorney can pull it out and use it in any fashion.

I think this covers it all. Lastly, I will tell you what we all know in the business. Do NOT take it personally. Your own treating doctors who see you for a period of extended time will get the greatest weight. While a psych injury will get you more disability, you may not need it depending upon how disabled you already are. These are all points to discuss with your attorney. And make sure that ALL of those therapist's notes and reports get copied and passed out to everyone at the MSC or at least trial. As everyone knows, I keep complete sets of ALL of my reports & test results, tabbed with dates & docs, (fiances does this for me), and we have a copy for the court, my attorney and the opposing attorney because my attorney never has had them ready. We would have LOST two hearings but for me bringing my own evidence. It is best to gather this as you go, but if not, pay the $35 or so to each doc to give you a copy of your file (they have to per HIPAA) and then make your own copies.

Hope this helps, and it is sent out with love and support.

[DDayMBB]

just would like to add my 2 cents here... depression is real and think most all of us here (TOSers and RSD people) suffer from it in some form or another, we all just handle it in a different way... That is BS, that somebody in the medical field who knows anything about ou disorders can try and judge wwhat we are going through !!!

GOD BLESS Mark~n~Goober

[Caladium]

Tam, I appreciate your suggestions, but want you to know that I made it abundantly clear at the beginning of my thread that I would not use anyone's posts with out anyone's permission. I am sorry you would be offended to want to offer help, others have been very supportive. Alison, I would never betray another's confidentiality here, so don't worry.

I also don't think you understood the point and request of my thread. My effort is to protect and defend us, as our community has been reflected in a very negative light, and people's lives have been seriously impacted by this injury, as well as the consequences of it. How can it not have a negative impact on our lives? I know from speaking to you in the past, how it has impacted yours.

No offense, but I have read some of your legal advice in the past and you have been mistaken about Ca. courts, at least the ones in Northern CA. where I am, and in fact have advised me in the past incorrectly on the old forum before it went down. I know you mean well, Tam, but please!

Please, when you make comments, consider making them as suggestions of possibilities rather than absolutes. It would be much more beneficial to all that read here.

And, my attorney is deposing the pysc. and my therapist. Thanks again for your thoughts, but please, don't imply that you know exactly how things will turn out, as you don't!

Thanks Mark, for your encouragement. I'm glad you understand where I am coming from.

Cala