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InvisibleSleepyF0x
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Doctor violated patient confidentiality and got me arrested
    #18387682 - 06/08/13 12:49 PM (10 years, 11 months ago)

So after a motorcycle crash I went to the doctor who said he didn't have the equipment to check out my foot there so I would need a ride to another hospital. well, I was hesitant and said that I would like to wait a few more days to see  it gets better. Well, he was really adamant about me getting checked out and after tricking me, along comes a bunch of paramedics and the police (who were going to arrest me for being under the influence, ever though I used like 6 hours earlier). And basically they gave me an ultimatum - either go to the hospital (which is going to cost me thousands of dollars now) or go to jail along with 5150 (which they did arrest me anyway after I got finished with the hospital business, what faggots right? I ended up just getting out right now, no 5150 though).

My questions are obviously my doctor-patient confidentiality was obviously violated by them telling the police. And can the police use things like dilated pupils and slowed speech to arrest you and actually take you into the station to have your piss tested or blood test.

I was in no way not able to drive and was not in any way acting like I was under the influence of opiates, I only told the doc because I was hoping to get some meds for my foot pain.

I'm sure I have more questions but I'll add them here later.

TIA


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Edited by SleepyF0x (06/08/13 12:55 PM)

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InvisibleUrb
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18387823 - 06/08/13 01:32 PM (10 years, 11 months ago)

OPiates don't dilate your pupils , they pin them.  What is a 5150?


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OfflineEllis Dee
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x] * 3
    #18387851 - 06/08/13 01:40 PM (10 years, 11 months ago)

Try to get his medical license revoked. If he violated his oath do your best to end his career.


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"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,

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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: Urb]
    #18387865 - 06/08/13 01:44 PM (10 years, 11 months ago)

Oh, what's right.

5150 is a condition where you're a danger to yourself or others, which I was not, unless I was extremely high on heroin, which I was not. Although I was premeditated because of the pain I was feeling.

And after all that, it was only a sprain, and all I got was 18 hours in a shit-hole smelling cell.


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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: Ellis Dee]
    #18387872 - 06/08/13 01:46 PM (10 years, 11 months ago)

I am, fuck that bastard, that's why I need your help.

Is the under the influence chrarge even valid because of the violation of confidentiality?

I thought there was a law forum but it's gone apparently?


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OfflineAlan RockefellerM
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18387891 - 06/08/13 01:49 PM (10 years, 11 months ago)

Sounds like they have a bit of a weak case, since it would make sense to use opiates for the pain immediately following a motorcycle crash.  You might have to take it to trial though, and you might lose.  In any case, you need to wait for the results of the toxicology test to see if they are actually going through with DUI charges.

I don't know much about medical privacy laws, but it seems likely that they have an exception for doctors reporting crime.

Quote:

Is the under the influence chrarge even valid because of the violation of confidentiality?






Did you tell the doctor that you were on anything?

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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: Alan Rockefeller]
    #18387905 - 06/08/13 01:54 PM (10 years, 11 months ago)

Yeah, he asked me if I had taken any medication, upon which I asked him if it was going to be confidential, and he even went into detail about it, more so than most doctors ive talked to, so I told him I was using heroin and how much.


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Anonymous #1

Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18387953 - 06/08/13 02:05 PM (10 years, 11 months ago)

You should also sue this prick for malpractice and for all of your legal bills as they are incurred directly by his breach of confidentiality. Get an attorney right away.

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OfflineAlan RockefellerM
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18387973 - 06/08/13 02:12 PM (10 years, 11 months ago)

Did you tell the doctor you were using heroin when you were driving the motorcycle?

Here is a pretty good document on doctor patient confidentiality:  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1495589/


Quote:

A few states have mandatory reporting laws. For example, Delaware, New Jersey, and Nevada require reporting for epilepsy. California and Utah also mandate reporting of dementia and other cognitive impairments.The following popper user interface control may not be accessible. Failure to report may lead to physician liability if the patient as a driver is involved in an automobile accident. In California, it may also be grounds for disciplinary action by the State Medical Board.




Based on this, it sounds like the doctor had a duty to report your heroin use to the police.  In California, if he didn't report you, he could be sued and lose his medical license.

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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: Alan Rockefeller]
    #18388064 - 06/08/13 02:28 PM (10 years, 11 months ago)

I mean, yes, I used heroin that day, but not like I shot up and rode to the hospital. It was probably around 6 hours after I used, I mean by the time I got there I wasn't even high anymore, especially considering my tolerance there would be no cognitive disabilities whatsoever.

Also, I see nothing about heroin in that quote, only about epilepsy.


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Everybody's a ninja...

Edited by SleepyF0x (06/08/13 02:34 PM)

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OfflineAlan RockefellerM
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18388195 - 06/08/13 03:03 PM (10 years, 11 months ago)

They could argue that "other cognitive impairments" includes substance use.

I am sure that California DUI lawyers get this question pretty often.  It would be a good idea to schedule a free consultation with one.

One possible strategy is to schedule a free consultation with an attorney in your area that has a lot of DUI experience, ask him how he would defend your case, and then go with a public defender and ask him to do what the private lawyer suggested.

I guess since you told the doctor that you used heroin earlier in the day, you won't be able to argue that you used after the crash for the pain.

But you can and should argue that you were not impaired.  If the crash was your fault, that might be a difficult to successfully argue.  A lot of courts would argue that if you took a controlled substance and then crashed, the crash is the result of the substance use.

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InvisibleVitalux
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Re: Doctor violated patient confidentiality and got me arrested [Re: Alan Rockefeller] * 1
    #18389753 - 06/08/13 08:55 PM (10 years, 11 months ago)

Quote:

Alan Rockefeller said:

But you can and should argue that you were not impaired.  If the crash was your fault, that might be a difficult to successfully argue.  A lot of courts would argue that if you took a controlled substance and then crashed, the crash is the result of the substance use.





As i see it, you could do either of two things


1. Start a battle in court that you are completely innocent of any wrong doing and the whole system is picking on you :mad:

and

You can go after your doctor and make huge waves of complaints and law suits against him and totally try and make his life miserable :mad:

or

2. You can totally be honest, be part of a solution :laugh: rather than a menace to society and change your life for the better.

The choice is yours brother.....the choice is yours. :shrug:

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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: Vitalux]
    #18390021 - 06/08/13 09:55 PM (10 years, 11 months ago)

Well, I wasn't high on anything while I crashed my bike, I was out in the mountains and riding fast.

Honestly I think the doctor violated my rights because I was obviously not impaired while I was there, and the only reason why the doctor did what he did was because he wanted me to go to the hospital and waste thousands of dollars. But hopefully I can get on this program that lets the taxpayers pay for it... I'm jobless anyway, how the fuck and I gonna pay for this?

So did the doctor break the law and how can I get out of this drug charge? If the doctor did break the law then would the subsequent drug charge be noid?


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InvisibleVitalux
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18391367 - 06/09/13 06:47 AM (10 years, 11 months ago)

Quote:

KrishnaDreamer said:
Well, I wasn't high on anything while I crashed my bike, I was out in the mountains and riding fast.

Honestly I think the doctor violated my rights because I was obviously not impaired while I was there, and the only reason why the doctor did what he did was because he wanted me to go to the hospital and waste thousands of dollars. But hopefully I can get on this program that lets the taxpayers pay for it... I'm jobless anyway, how the fuck and I gonna pay for this?

So did the doctor break the law and how can I get out of this drug charge? If the doctor did break the law then would the subsequent drug charge be noid?




I know if this had taken place in Canada, and in the province of Ontario you certainly would have a heck of a good case for a complaint as well as a law suit against your doctor.

You should be able to get a copy of the police report during your court proceedings for discovery. The police report probably contains the evidence of statements made to the police by your doctor.
Perhaps you might have to do a bit of digging to get all transcripts including the original call to the police, hospital, ambulance, 911...etc.

I would assume that any information obtained by the police which was used against you that was obtained by a violation of your rights of confidentiality would be inadmissible in court.
However, it would be your responsibility to point that out to the Judge in a motion to dismiss.

Suing your doctor might take a number of years. Sometimes the medical malpractice insurance companies will pay out quickly. I assume if you file a complaint with the licence board which governs doctors, that will certainly bring more attention and possible consequences into the actions of the doctors.

One thing to consider is to follow your heart :heart:

The Universe works in mysterious ways.

Part of the problem that I see with your case is the fact that you admit that you already have a serious drug abuse problem would weigh against your credibility.:shrug:

Much the same way as an intoxicated drunk  is not going to be taken seriously by a policeman during which a complaint of disorderly conduct by the public, the same civil services will probably take the same attitude against as what they perceive you as a "crack head".:blazed:

The question perhaps is .....do you feel lucky?


Personally, if I was in your shoes I would be more concerned with fixing me rather than trying to screw your neighbors/ society with your medical bills.

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OfflineEllis Dee
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Re: Doctor violated patient confidentiality and got me arrested [Re: Vitalux]
    #18391433 - 06/09/13 07:35 AM (10 years, 11 months ago)

Quote:

sloantbone said:
2. You can totally be honest, be part of a solution :laugh: rather than a menace to society and change your life for the better.

The choice is yours brother.....the choice is yours. :shrug:



You miss the point sir. The medical doctor betrayed both his oath and duty to OP due to his corruption by the prohibition state. By making his life more difficult and trying to root the corrupt out of the medical profession OP would be doing the rightest thing possible.

http://www.mbc.ca.gov/lookup.html


--------------------
"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,

Edited by Ellis Dee (06/09/13 07:45 AM)

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OfflineAlan RockefellerM
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Re: Doctor violated patient confidentiality and got me arrested [Re: Vitalux]
    #18394034 - 06/09/13 08:06 PM (10 years, 11 months ago)

Quote:

sloantbone said:
I would assume that any information obtained by the police which was used against you that was obtained by a violation of your rights of confidentiality would be inadmissible in court.





The doctors testimony still admissible in court even if the doctor broke the law by telling the police.

The 4th amendment lets you suppress the evidence only if the government breaks the law.

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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: Alan Rockefeller]
    #18395814 - 06/10/13 03:52 AM (10 years, 11 months ago)

What should I do, should I consult a lawyer? Mostly I want this drug charge dismissed.


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OfflineMikeOlogy
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18396126 - 06/10/13 07:04 AM (10 years, 11 months ago)

Of course you should consult a lawyer! The evidence will still be valid though, even if the doctor broke the law. It's only if an officer of the law breaks the law during evidence acquisition that the evidence may be thrown out.

You may be able to sue/charge the doctor, but it's not going to help your case, in my unprofessional opinion.

However, if it really had been 6 hours since your last use, and there were absolutely no signs of impairment, you may have a decent shot at getting acquitted. You're going to need a lawyer for this, for sure.

Good luck.

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InvisibleSleepyF0x
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Re: Doctor violated patient confidentiality and got me arrested [Re: MikeOlogy]
    #18396146 - 06/10/13 07:16 AM (10 years, 11 months ago)

Well, the cop basically arrested me on what the doctor told him and me being a dumbass admitted to using earlier, and they said that my pupils were pinned and I had slowed speech, none of which were true, and that was all the evidence they had on me before arresting me and later doing blood work.

In another note, will h and Xanax will up in the blood work if I had used around 6 or 7 hours prior? I'm sure it will.


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InvisibleEnlilMDiscord
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Re: Doctor violated patient confidentiality and got me arrested [Re: SleepyF0x]
    #18396232 - 06/10/13 07:49 AM (10 years, 11 months ago)

Just because the doctor told the cops doesn't mean he can testify about it.  If you live in a state that recognizes the physician-patient privilege under these facts, he still couldn't testify in court as to what he said or what he learned by examining you.

That would leave the state with only the drug test, which may or may not be enough to convict you.


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