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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 2 of 2. This is the beginning of the thread.
Posted by Dr. Bob on February 26, 2004, at 0:07:13
In reply to MENTAL HEALTH are unprotected with suits? HELP!!!, posted by shadows721 on February 23, 2004, at 0:34:50
> I was treated for depression years ago. I suffer from PTSD. I was hospitalized around 15 yrs ago. I took Prozac for several years after that and then I quit Prozac do to feeling a flat effect. I have had years of therapy.
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> Any way, I was injured on the job and went into the worst depression of my life and had to be hospitalized for depression again. The atty for the employer has requested all of my medical records. I know the recent hospitalization was directly related to untreated pain from my injury. I am really freaking out bad. I have never been unfunctional until after the injury. I had no idea that yrs ago my records would be read by an atty by my employer. I don't think this is right at all! The employers atty has ALL of my mental health records. This is triggering my PTSD big time. My atty says this is what happens in suits. I am totally freaking out about this. Be warned by my experience - your records can be in the hands of wicked atty one day and used against you. It feels like a mental rape. No one knows all my stuff, but some blood sucking freaking atty for the employer does. What is this? Don't I have any bloody rights? The real knife is that I didn't even know until my therapist told me about the supena for my records. God shakes this is awful! Can anyone help give me some knowledge on this or just reply please? I am totally losing it. I literally feel totally helpless in this wicked law game with my life. Please - anyone - help me.
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Posted by Racer on February 26, 2004, at 19:06:03
In reply to MENTAL HEALTH unprotected with suits? « shadows721, posted by Dr. Bob on February 26, 2004, at 0:07:13
That sounds dreadful! I do have a little good news for you, if it helps: this sort of thing has happened often enough that therapists are aware of it, and many have adjusted their record keeping in order to protect their clients. Ask your therapist what level of notes there are in your file, or even ask for a copy of the file (your atty should be able to get a copy through the discovery process, if your therapist doesn't just hand it over), because at least then you'll know how much information those records disclose. Small comfort, but at least it's something.
This sort of thing should not happen. "Should" is a word I try to avoid, but in this case I think it's justified. (And I was injured on the job some years ago, and am outraged to think that my mental health records might have been available to my former employer's atty.) If you've been able to function until your injury, and you haven't needed medication or hospitalization for so long, it should not be considered as a possible indication of a pre-existing condition. That would be like saying, "Since you had tonsilitis as a child, we consider that your current appendicitis is caused by a predisposition to inflammation." That's just wrong, in a moral sense.
I'm sorry that I can't do anything to help you, but you have my best wishes.
This is the end of the thread.
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