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  1. #1
    Join Date
    Jun 2011
    Posts
    24

    Default Doctors Made False Reports, What Are My Rights

    My workers compensation claim was made in the State of: RI

    (I do have another thread about WC payments, but here is another one of my issues. I think many of you will probably find this quite interesting, at least it will give you a look at the inside world of Dr reporting etc.. )

    This thread is about Drs blatantly dictating reports on me that are completely false.

    I foud this out because I called and requested all my files and xrays, from the Drs that saw me and the PT, because I needed to give them to a new Dr who is a specialist. Note that when I went to pick up my files, they refused to give me my xrays, or copies of them, I was told I only needed the "report that their radiologist made on my xrays".

    Dont they have to give me copies of my xrays by law?

    Obviously I sat and read all the reports, which is why I am posting here.

    I want to remain as anonymous as possible, so I wont post 100% of what I am angry about, but I'm sure it will be enough for you to get my point...

    I was not getting anywhere with the first Drs I went to. I say Drs, plural because at the place I went to, a different Dr saw me every appointment I had. With the exception of the equally useless PT who saw me every time I had PT sessions.

    I find it funny that only ONE out of the 5 Drs got my age right, when my birthday was at the top of the page on every report....

    Ok, so, here we go!
    First visit:
    First Dr comes back to me after having my xrays read, and says, "We can see in your xrays that you have muscle spasms, which is probably why you're in pain". Stupid me didnt know yet that you cant see muscle in xrays, so I believed him.

    Also, I coughed ONCE during our session. He asked how I felt, I said I think I might be getting a cold.

    What he put in the report? "Patient has an upper respiratory infection and a post nasal drip, so he is coughing during the session."

    Note that in the same report he also wrote "lungs are clear, no sign of damage/issues, patient is healthy."

    He never told me I had a URI, and never offered me any meds for it.

    Then, after telling him that I can hardly walk properly, he puts in the report "Patient does not seem to be in any distress at all."

    Other Drs sessions included them hardly touching me and saying I was fine.

    Last Dr, who REALLY pissed me off.

    During our session, I told him that the first Dr told me he could see muscle spasms in the xray. To which he rudely told me that that is not true, that you cant even see that in xrays, as if I was going to make something like that up.

    While he was asking me what kind of pain im in, he asked which physical activities I cannot do because of the pain. I told him that I am not running or bowling anymore.
    He *LAUGHED* at me, and said, why cant you bowl? I dont see any reason why you cant go bowling! So by this point I was more shocked than anything that he would talk to me the way he was, and I had to actually explain to him, the DR, that using my back muscles to bowl would hurt.
    He smirked at me and said, "Well, Ive never been bowling so I dont know."
    So, what was his point in asking me what I'm not doing?
    That part of our lovely conversation was not written in the report.
    Then, he asked about my bowel movements, if they are normal or if I am having issues.
    I said "I had an upset stomach a few days ago, but I'm fine, no issues."

    He wrote this in the report: " Patient stated that his GERD was bothering him."

    WHAT?!?!?!? He NEVER said ANYTHING about me maybe having GERD, he never asked me if I have had a history of it, or offered meds for it, or anything, the word GERD was never spoken to me. And by reporting that way, he made it look like I told him I have GERD! And, I didnt even know what GERD was when I was reading his report!

    Then, he asked what I am doing to help alleviate the pain.

    I told him that I have hot baths and that sometimes I get someone to try and rub my back, sometimes it helps, sometimes it dosent.

    What he wrote in the report was " Patient regularly attends massage therapy sessions which help the pain."
    He made it look like I'm getting the mesages from a professional!

    Then he tells me to touch my toes and squat. I had trouble doing both and told him they both hurt a lot.
    He wrote in the report "Patient can bend and squat with no issues."

    During the session with him, I was sitting half way on the table, in pain like hell, and he reported " patient has no apparent sign of distress."

    I might add also that every Dr wrote that I had pain in different parts of my spine, which dosent make any sense.

    Also, at my first PT session, the PT told me that I had rotated discs. Again, stupid me beieved her until I found out that discs dont rotate, vertebrae might, but discs do not.

    The PT told me that the best I would get was 95% better, that I would probably not get any more than 95%.

    She wrote in the report that she "expected 100% recovery."

    Also, in her report there was no mention of any rotated discs, or vertebae.

    And, I noticed that the PT and the DRs reported me having pain in completely different places.

    Anyway. So that is what I'm dealing with.

    I want to write to a newspaper and spread the word about how completely useless these people are, but they'd sue me.

    What also pisses me the hell off, is that I should have been refered to a specialist right away, but all they did was tell me I was fine and send me to work with pain medication.
    So now the pain is even worse, and spreading. Thank god I am going for an MRI in a few weeks. Maybe now I'll actually find out whats really wrong with me.

    You know what? NO WONDER the insurance company stopped sending me checks! Look at those reports! I dont blame the insurance company one bit! They dont know the DRS were useless!

    What should I do? Is there any point in trying to sue them? Its not even about money, I want to teach them a lesson for not giving a shit and getting paid to lie to me, so other poor bastards dont go through the same shit!

    And legally what can I do about the xrays? If I've gotten worse since their visists I need proof....

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Doctors Made False Reports, What Are My Rights


  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,030

    Default Re: Doctors Made False Reports, What Are My Rights

    Welcome to the workers' comp system.

    Who chose those docs for you? Your employer, or their work comp insurance carrier? Therein lies the explanation.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Jun 2011
    Posts
    24

    Default Re: Doctors Made False Reports, What Are My Rights

    You're right, my employer suggested going there "because
    they are so close". And I should have known better.
    Actually I should have gone straight to the ER.
    I did end up going to the ER later on, and got a referral
    for the specialist I'm going to now,Because I got no help
    from them.

  5. #5
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: Doctors Made False Reports, What Are My Rights

    My suggestion would be the same as SH, file a compliant with the state board which license doctors in your state.

    I was receiving medical treatment for the knees and lumbar spine from the wc doctor last summer. At the July 29, 2010 office visit the doctor got aggressive with me while doing an exam by pushing down on the top of my head and forcing the head to turn from side to side. I did have a witness in the treatment room when this happened.

    I immediately started having problems with the neck with a migraine lasting over 30 days. My primary doctor orderd a MRI of the cervical spine and a large herniation pressing on the cord with pressure on the nerve root at C5-6 was found.

    At the next appointment I told the doctor about the neck injury, the doctor ignored what I said. I obtained the medical records for both appointments, nothing was in the records about the neck injury or the problems I was having. In fact the records were very different from what happened at both appointments. I have notes from both appointment, an audio recording of the appointments, and my witness from both appointments.

    After talking to my work comp attorney I filed acomplaint with the Kansas State Board of Healing Arts. An investigator has been hired and signed my case with the work comp doctor being investigated. I receive an update from the investigator every 3 months informing me he is still working on the case along with updates.

    The cervical injury resulted in surgery early this year, ACDF of C5-6.

    Good Luck!

  6. #6
    Join Date
    Jun 2011
    Posts
    24

    Default Re: Doctors Made False Reports, What Are My Rights

    Oh my God Lynn!
    That is disgraceful! I'm so glad you got recordings, I SHOULD HAVE DONE THAT! I wish with my whole heart that I had a recording of the last creep that saw me!
    Thats awesome that you have someone investigating. Question tho, why is it taking so long? ( Every three months...)

    I am going to file a complaint, for two reasons, I know that I'd never win a lawsuit against a group of 'Doctors' and its not about money anyway, I just want that last creep to hopefully learn a lesson about treating people that way. I know if he treated me like that he has done it to others in the past, and he will in the future!

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Doctors Made False Reports, What Are My Rights

    I just want that last creep to hopefully learn a lesson about treating people that way. I know if he treated me like that he has done it to others in the past, and he will in the future!
    You aren't going to send anyone a message, you arent' even going to see a reprimand to this Dr..
    He issued a opinion... it's not part of your medical records.... but simply part of litigating your claim. If you had an attorney...and they intended to use this Dr opinion to deny benefits...your atty could dispute that. And file for a hearing in comp court if necessary.

    You aren't alone in your ignorance of the WC system... most IW's are in the same boat.

  8. #8
    Join Date
    Jun 2011
    Posts
    24

    Default Re: Doctors Made False Reports, What Are My Rights

    Hi Bvia

    I'm probably wrong but I'm not agreeing with you, he wrote in his actual reports that there was nothing wrong with me, and he also stated that I had medical issues like GERD etc, that I dont have. And, I'm pretty sure its because of his last report that the insurance company could deny me even going for an MRI. Is what he wrote in his report still considered 'opinion' even though he reported it as a qualified Dr?

  9. #9
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: Doctors Made False Reports, What Are My Rights

    File the complaint and let the state licensing board decide if there is cause for an investigation.

  10. #10
    Join Date
    Jun 2011
    Posts
    24

    Default Re: Doctors Made False Reports, What Are My Rights

    Quote Quoting Lynn View Post
    File the complaint and let the state licensing board decide if there is cause for an investigation.
    Since my IC said she will authorize the MRI, as soon as I get the results from the MRI I am going to file a complaint.

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