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Thread: I'm In shock!

  1. #1
    Senior Member
    Join Date
    Aug 2001
    conyers, GA, United States

    I'm In shock!

    There is a new web site that some doctors have put together to keep track of - and publicize the names of - patients who have sued for malpractice:

    The apparent purpose of this is to allow doctors to "screen" patients they consider "litigious", ie., someone who has brought a malpractice case. It appears to be a way to intimidate consumers.

    It is interesting that consumers still can not get into the National Practitioner Database, but these doctors can put consumer names on a list somewhere (which we also can't get into).

    I cant tell you how horrid it was for me to be denied care by doctors because of HOW I was hurt!!
    And Even in getting cleared to drive or other issues because I was "red flagged" in my medical files as being 'litigious"

    I didnt understand it at the time..How could they betray a trust EVEN more?? I was devasted and brought to emotional lows by even more lack of honor in a profession I still held regard for.

    PLEASE PLEASE know..this isnt against ALL doctors...It took me a bit of time but I found good ones HEck it was yet another doc that saved me!
    Not to mention..when I had lost faith in the medical profession Wise and KLD restored my faith.
    This is only commentary on how unjust the medical system CAN be...NOT all doctors!

    To me, boxing is like a ballet, except there's no music, no choreography, and the dancers hit each other

  2. #2
    This bothers me. How are they going to use this information? Wise.

  3. #3
    Oh this is beautiful. Basically a "Car Fax" for patients. Not only does this probably run foul of a number of ethics violations for participating doctors, my guess is that it runs contrary to more than a few state statutes if usedas patient screening. And my argument is that any doctor with a membership to this site is doing so.

    This will also be an incredibly powerful tool for defense attorneys and insurance companies.

    Interesting that thisactivity is going on at thesame time there is litigation to cap malpractice claimsat the feral level in the amount of $250,000.

    That legislation in combination with this type of database and other tactics used by insurance companies will virtually shut down malpractice claims with absolutely no legislation in place to otherwise hold offending physicians accountable for gross negligence and willful misconduct short of a wrongful death suit.

    I'm all for proper legislation and deterrants against frivolous lawsuits, but there is a better way.

    BTW: I'm not a PI attorney . . . but I am a possible patient as is my wife and family. And I sure as heck want to make sure they are protected in the face of a malpractice issue. This is scary.

    What we do in life echoes in eternity. Maximus - Gladiator

  4. #4
    Maybe if some of the Dr.'s did not screw up they would not have to worry about it! Dr. Young No offense to you!!! you are Great!

    when I got hurt it was all over the report's about my back pain but I went to a teaching hospital and feel like I was used a a guinea pig. Everyone my family thought was a true Dr. turned out to be student's. I know they have to learn but they shoule have done more test's on me. with the information they had. the only thing I was out of my head with pain! and I don't remember a bit of it, but anyway to show what frame of mind I was in my wife said when they asked me my name I said Mickey Mouse! ha but anyway With all the injurie's I had they never did a MRI they did cat scan's but not far enough. oh my wife was told they had 3 spine specialist's looking at me but they all missed it. It was 2 month's before it was found at another hospital. And No I did not sue
    Thank's for listening

    T-12 incomplete 10-3-02

  5. #5
    Banned Faye's Avatar
    Join Date
    May 2003
    Jacksonville, FL
    Well, Sherry, us consumers should start one up listing doctors who have mal-practiced!

    Ahhh, but we can't, confidentiality agreements of settlements preclude the patient from ever being allowed to mention the doctors' and hospitals' names involved in the medical mal-practice.

    The doctors are protected, but the medical mal-practice victims are not.

    "Together we stand, divided we fall..."

  6. #6
    They would be inclined to use it to deny services for whatever blabbery reason..."not taking any new patients" "service is full". It is intended by my quick view to identify a high risk for a lawsuit. Easy...just to deny services to the patient than to take a risk. Just another "safeguard" to protect mediocrity. Sherry is right, the good ones are still out there, but more and more...the heart and soul is being sucked right out of health care...we all see it who happen to be patients...I got an education this year, more as a patient than as a practitioner.


    If I can see it, then I can do it. If I believe it, there's nothing to it.

  7. #7
    Senior Member ohiochica's Avatar
    Join Date
    Aug 2003
    Youngstown Ohio usa
    hmmmmmmm but what us those that have not sued? i know i have 3 doctors here who are responsible for my moms death. hmmmmmm.....but wouldnt that be libel? legal eagles please advise, i would love to set up a site to call these doctors out.

  8. #8
    Wise, did you register and do a search? I am wondering if there is information included that would be considered a HIPAA violation (ie, diagnosis, medical procedure performed, etc.)???


  9. #9
    I do not see how they COULD function without violating HIPAA. I deal with HIPAA everyday and anything that shows more than one identifier is considered to be protected information. For example, if I have your name only on a piece of paper on my desk where it can be seen by anyone, that is not a HIPAA violation. No one can specifically identify YOU by only your name. However, if I have your name AND your birthdate on that same paper, that IS a HIPAA violation. Two identifiers listed together are a violation of HIPAA if they are seen by anyone other than me, or those involved with your case. Or your name and address, or name and sex, etc., etc. I don't see how they could successfully identify these patients without violating HIPAA. Just because someone IS a health care provider, doesn't give them the right to your identifying information without YOUR consent. This is an outrage!

    [This message was edited by X on 03-04-04 at 10:50 PM.]

  10. #10
    Ok, I emailed and asked them about HIPAA compliancy. This is what they said...and such a fast response fast it was almost weird...their reply is first, my email is on the bottom...

    Subj: Re: Web Site Comments - 03/04/2004 19:03
    Date: 3/4/04 8:18:08 PM Central Standard Time

    There is no health care information on this site. Information is obtained
    only from the public record in court case filings. As you may know, the
    pubic record is open to inspection without restraint by law or custom.
    Regards, Dr. Jones

    > Web Site Comments
    > =================
    > Name: Carol
    > Email:
    > Question/Comments:
    > Type your comments here ....
    > I would like to know how this service can function without violating HIPAA
    > regulations before proceeding further with registration. Thank you.

    [This message was edited by X on 03-04-04 at 10:51 PM.]

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