This is exactly what they did to me. AND I have a disability and they knew about it the time of hire but wanted me to get "evaluated" by the Hospital Psychiatrist. They kept telling me that I either work with them or I will be working against them. When I declined to take a 3 month leave to be re-evaluated, and re-tested so they can provide "residency specific accommodations" and the residency psychiatrist was PERFECT for the job. I knew what they were doing was WRONG, but no one would help me. I've been out of residency for 3 years now and I cannot secure a job. I was given a probationary license, which was reported to the National Practitioner Data Bank, and not allowed to sit for my Boards. Every attorney I have spoken to....don't bring up ADA...EVER! And when I mention it they tell me that we don't have a strong case, the Board Always wins, and at the end of the day they just take your money and they do nothing for you...and some actually get you in more trouble. Did I mention they charge 30,000 for a retainer and 300 to 900 dollars is their hourly rate. If anyone know of a good attorney who can help me. Please let me know. Gracias
Hi Maria, There are so many forces aligned against physicians. It's unfortunate we don't have some form of legal advocacy as a benefit built into our degrees. I've been envisioning a licensure benefit add-on that would create an ombudsman program to ensure that physicians' rights are upheld.
As part of many PHP monitoring contracts, there is a section in which you have to agree to accept diagnoses and medications prescribed to you by the treatment providers that the program refers you to... I wonder about the legality of it? While I understand signing these contracts is “voluntary,”it can feel like personal medical care is being hijacked in some scary way. That medical care is no longer primarily for the good of the patient but to serve the purposes of the monitoring board.
In many cases, it is being hijacked. And such hijacking may not follow various laws, amongst them the ADA. Especially if the hijacking causes harm to the captive physician. It may also constitute malpractice. If you feel that is the case, you have every right to protect your wellbeing. Consider filing a complaint and request for appeal to the PHP. If it has none, insist that they initiate such a process. Document the harms, get independent consultation that supports you. Report the malpractice to the board. And then consider litigation. Will they retaliate? Likely. Could your career be irreparably harmed? Yes. That they don't care is exactly why you should file the complaints. When a system becomes this sick and abusive, and there's no intervening authority to stop the abuse (because they don't give a damn either), it's time to pack up. There are indeed rewarding lives outside of medicine.
You know what would be useful? Trying to get a list of attorneys who are interesting in the subject of medical licensing and the ADA- so that every physician who faces this issue doesn't have to start from ground zero. Even if those attorneys are out of state, a consultation that goes over general principles might be helpful for physicians who will be faced with these issues.
absolutely. It's a chore for every doc, scouring the web for knowledgeable counsel who are doc advocates. Part of it has to do with the dearth of expertise in ADA esp as it pertains to the medical world. It's as though it's got a "do not enter" sign on it.
Extraordinary.Dr. Manion's command of the facts of the problem,brilliance and selfless advocacy for us all is the best indication of our good fortune in having Dr. Manion as our leader.
Thanks Morry. The more we can gather in a safe space to share perspectives and explore new approaches, the more likely we'll be successful. One area is the MLB-PHP trauma group we're doing on Sundays 6pm EDT to help people concisely tell their story AND get their complaints into DOJ. DOJ IS LISTENING. I know, as I've spoken with multiple docs who've submitted their complaints and have extensive interviews. But docs NEED TO WRITE TO DOJ about mistreatment by MLBs and their paired PHPs.
This is exactly what they did to me. AND I have a disability and they knew about it the time of hire but wanted me to get "evaluated" by the Hospital Psychiatrist. They kept telling me that I either work with them or I will be working against them. When I declined to take a 3 month leave to be re-evaluated, and re-tested so they can provide "residency specific accommodations" and the residency psychiatrist was PERFECT for the job. I knew what they were doing was WRONG, but no one would help me. I've been out of residency for 3 years now and I cannot secure a job. I was given a probationary license, which was reported to the National Practitioner Data Bank, and not allowed to sit for my Boards. Every attorney I have spoken to....don't bring up ADA...EVER! And when I mention it they tell me that we don't have a strong case, the Board Always wins, and at the end of the day they just take your money and they do nothing for you...and some actually get you in more trouble. Did I mention they charge 30,000 for a retainer and 300 to 900 dollars is their hourly rate. If anyone know of a good attorney who can help me. Please let me know. Gracias
Hi Maria, There are so many forces aligned against physicians. It's unfortunate we don't have some form of legal advocacy as a benefit built into our degrees. I've been envisioning a licensure benefit add-on that would create an ombudsman program to ensure that physicians' rights are upheld.
As part of many PHP monitoring contracts, there is a section in which you have to agree to accept diagnoses and medications prescribed to you by the treatment providers that the program refers you to... I wonder about the legality of it? While I understand signing these contracts is “voluntary,”it can feel like personal medical care is being hijacked in some scary way. That medical care is no longer primarily for the good of the patient but to serve the purposes of the monitoring board.
In many cases, it is being hijacked. And such hijacking may not follow various laws, amongst them the ADA. Especially if the hijacking causes harm to the captive physician. It may also constitute malpractice. If you feel that is the case, you have every right to protect your wellbeing. Consider filing a complaint and request for appeal to the PHP. If it has none, insist that they initiate such a process. Document the harms, get independent consultation that supports you. Report the malpractice to the board. And then consider litigation. Will they retaliate? Likely. Could your career be irreparably harmed? Yes. That they don't care is exactly why you should file the complaints. When a system becomes this sick and abusive, and there's no intervening authority to stop the abuse (because they don't give a damn either), it's time to pack up. There are indeed rewarding lives outside of medicine.
You know what would be useful? Trying to get a list of attorneys who are interesting in the subject of medical licensing and the ADA- so that every physician who faces this issue doesn't have to start from ground zero. Even if those attorneys are out of state, a consultation that goes over general principles might be helpful for physicians who will be faced with these issues.
absolutely. It's a chore for every doc, scouring the web for knowledgeable counsel who are doc advocates. Part of it has to do with the dearth of expertise in ADA esp as it pertains to the medical world. It's as though it's got a "do not enter" sign on it.
Extraordinary.Dr. Manion's command of the facts of the problem,brilliance and selfless advocacy for us all is the best indication of our good fortune in having Dr. Manion as our leader.
Thanks Morry. The more we can gather in a safe space to share perspectives and explore new approaches, the more likely we'll be successful. One area is the MLB-PHP trauma group we're doing on Sundays 6pm EDT to help people concisely tell their story AND get their complaints into DOJ. DOJ IS LISTENING. I know, as I've spoken with multiple docs who've submitted their complaints and have extensive interviews. But docs NEED TO WRITE TO DOJ about mistreatment by MLBs and their paired PHPs.
Here's info on the MLB-PHP Support Group: https://www.idealmedicalcare.org