01-09-2009, 02:39 PM
OK - THAT DOES IT!! All the shoulder patting and platitudes chap my cheeks! 
You are not alone. Millions of Americans feel as you do, with good reason. That isn't gravity holding you down - it's The System because it sucks.
First, fire your lawyer in writing for failing to represent you properly, and file a copy as a formal complaint with the Disciplinary Council of your State Bar Association. He works for you, and the only satisfaction rating he can claim is your yours; his opinion of himself does not count anywhere except perhaps with his wife or significant other. And don't tell him you are "going" to do it; just do it. If he had returned your calls, he wouldn't be taken by surprised, so it's on him, not on you.
At the same time demand a written, detailed accounting of all fees paid to him , and demand the cancellation or repayment of any you think represent charges for service not received. If he refuses, forward the charges directly to the Disciplinary Council and if necessary, the State Attorney General and ask for a review and opinion on their validity.
Next, dismiss your physician and demand another one, and if necessary, inform your insurance company and the State Medical Board of your reasons in writing. Your physician cannot by law treat you or even write a prescription for you without "informed consent" at every step, and without free communication, explanations and answers he cannot adhere to that law. Believe it or not, the merest whiff of fraud or impropriety makes the legal community start quivering all over like a dog passing peach pits. (You can thank my grandfather for that little homily! I cleaned it up, at that. ) It's easy to dismiss or ignore e-mails and phone calls, but formal, written complaints with copies to other agencies are like an ice pick in the eyeball - they compel attention.
As for your insurance company, contact the State Insurance Commissioner if there is even the tiniest hint of reluctance on their part to act in your best interests every step of the way, or if they balk for any reason.
Then get the name of a good lawyer in the field of medical practice/malpractice and get to it.
It's your body, and as a guy who practiced medicine for thirty long years, I can tell you unequivocally that once treated poorly, it may never again work right, nor can the next guy be expected to overcome the results of poor or inadequate treatment. If your pain is getting worse, things are not on track, period. I can also tell you as an article of pure faith that you have patient rights, and there are lot of people and organizations which exist solely to protect those rights, all the way up to Federal Government. Use them.
Do not buy into the garbage that an insurance company either cares about you or will automatically act in your interest. They won't - they worship only the profit margin, and you are but one source of their income, and you represent a financial loss at that, but they must obey the laws or go under, and this is a very bad time in America to be seen as another greedy, money-grubbing company preying on the sick and injured. If they are cause of your depression, demand that they pay for the specialist treatment of it. Bo not hesitate to use the words "class action lawsuit", because you know you aren't the only one. Use other terms like "loss of lifestyle" and "increasing difficulty with activities of daily living", and mention the negative effects of all this on spouse and family, especially when speaking to your new attorney. Attorneys love those concepts, because they are sacred in American courts and because they represent large settlements. Juries love them even more because they have the same problems you do, they are sympathetic and they are tired of being treated that way just as much as you are. They are on your side.
Don't get upset and go home - go for the jugular, instead. Remember, none of these organizations and people even have jobs without patients like yourself. You are not an interruption of their idle day - you are the very reason for their existence. They are called "service industries" for a reason - they SERVE you, and they make a lot of money doing it.
Do an Obama on them - stand up, look them right in the eye and say "Yes I can...and Yes, you will."
"And never apologize; it's a sign of weakness."
Senior Agent Jethro Gibbs, NCIS
You are not alone. Millions of Americans feel as you do, with good reason. That isn't gravity holding you down - it's The System because it sucks.
First, fire your lawyer in writing for failing to represent you properly, and file a copy as a formal complaint with the Disciplinary Council of your State Bar Association. He works for you, and the only satisfaction rating he can claim is your yours; his opinion of himself does not count anywhere except perhaps with his wife or significant other. And don't tell him you are "going" to do it; just do it. If he had returned your calls, he wouldn't be taken by surprised, so it's on him, not on you.
At the same time demand a written, detailed accounting of all fees paid to him , and demand the cancellation or repayment of any you think represent charges for service not received. If he refuses, forward the charges directly to the Disciplinary Council and if necessary, the State Attorney General and ask for a review and opinion on their validity.
Next, dismiss your physician and demand another one, and if necessary, inform your insurance company and the State Medical Board of your reasons in writing. Your physician cannot by law treat you or even write a prescription for you without "informed consent" at every step, and without free communication, explanations and answers he cannot adhere to that law. Believe it or not, the merest whiff of fraud or impropriety makes the legal community start quivering all over like a dog passing peach pits. (You can thank my grandfather for that little homily! I cleaned it up, at that. ) It's easy to dismiss or ignore e-mails and phone calls, but formal, written complaints with copies to other agencies are like an ice pick in the eyeball - they compel attention.
As for your insurance company, contact the State Insurance Commissioner if there is even the tiniest hint of reluctance on their part to act in your best interests every step of the way, or if they balk for any reason.
Then get the name of a good lawyer in the field of medical practice/malpractice and get to it.
It's your body, and as a guy who practiced medicine for thirty long years, I can tell you unequivocally that once treated poorly, it may never again work right, nor can the next guy be expected to overcome the results of poor or inadequate treatment. If your pain is getting worse, things are not on track, period. I can also tell you as an article of pure faith that you have patient rights, and there are lot of people and organizations which exist solely to protect those rights, all the way up to Federal Government. Use them.
Do not buy into the garbage that an insurance company either cares about you or will automatically act in your interest. They won't - they worship only the profit margin, and you are but one source of their income, and you represent a financial loss at that, but they must obey the laws or go under, and this is a very bad time in America to be seen as another greedy, money-grubbing company preying on the sick and injured. If they are cause of your depression, demand that they pay for the specialist treatment of it. Bo not hesitate to use the words "class action lawsuit", because you know you aren't the only one. Use other terms like "loss of lifestyle" and "increasing difficulty with activities of daily living", and mention the negative effects of all this on spouse and family, especially when speaking to your new attorney. Attorneys love those concepts, because they are sacred in American courts and because they represent large settlements. Juries love them even more because they have the same problems you do, they are sympathetic and they are tired of being treated that way just as much as you are. They are on your side.
Don't get upset and go home - go for the jugular, instead. Remember, none of these organizations and people even have jobs without patients like yourself. You are not an interruption of their idle day - you are the very reason for their existence. They are called "service industries" for a reason - they SERVE you, and they make a lot of money doing it.
Do an Obama on them - stand up, look them right in the eye and say "Yes I can...and Yes, you will."
"And never apologize; it's a sign of weakness."
Senior Agent Jethro Gibbs, NCIS