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A couple weeks shy of 11 years in PA practice, and I filed my first board complaint against a physician. IME physician repeatedly misconstrued PTSD criterion A, and thus denying diagnosis and hence preventing care (well, preventing workers' comp form paying for it... same thing in practice) to at least two injured workers, and probably more. We'll see what happens.

Not something I wanted on my "PA career" bingo card, but there appears to be no other way to protect my patients.

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2 hours ago, SedRate said:

Is this the same physician that was the topic of one of your other posts?

Probably. I try and avoid escalation when there's another option, and will kvetch in the mean time. Seeing the same exact thing done to a second patient... Yeah, no choice.

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1 hour ago, Hemmingway said:

Misdiagnosis is a real issue. There seems to be a (mis) belief that negative misdiagnosis on mental health isn't the same thing.

 

Harm is harm. If they were missing MIs and strokes the medical board would care.

In this case, if it's not misdiagnosis, it's fraud, because the instructions are to use the DSM to evaluate a diagnosis, and nowhere in the report does it say--nor would it be accepted if it did--"I'm substituting my own judgment for the DSM criteria."

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I'm sure you're doing the right thing, but I wouldn't be too hopeful that the board will do any official action.  From what I've seen quality of care issues fall low on medical board's concerns unless they involve excessive prescribing of controlled substances.  Provider substance abuse issues, not completing required CME, Medicare fraud, etc. all rank much higher.

I've only made 1 board complaint in my career: about an orthopedic surgeon who refused to respond to a consult on one of his post-op patients.  The surgery was done at the VA and the only response I got through the house supervisor at the VA was that he would consult if the patient was transferred to the ED at the VA.  The state medical board took no action.

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10 minutes ago, ohiovolffemtp said:

I'm sure you're doing the right thing, but I wouldn't be too hopeful that the board will do any official action.  From what I've seen quality of care issues fall low on medical board's concerns unless they involve excessive prescribing of controlled substances.  Provider substance abuse issues, not completing required CME, Medicare fraud, etc. all rank much higher.

All that, and in Washington State, the chiropractic board seems to be spending all of its time on DC's who didn't like mask mandates.

I can't control what the medical board does. All I can do is report unprofessional conduct as such and trust that they will do their job. My litmus test isn't whether it irks me--many IMEs do--or whether it hurts my patient--again, many do. It's when there's an objective standard, that standard isn't followed, and that that standard wasn't followed hurts my patients. THEN it's time to act.

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15 hours ago, TWR said:

Rev, just wondering whether prior to filing your complaint, did you attempt to reach out to this doc and ask him why he made the decision he did, or did you just file the complaint?

Absolutely. I was told by the company that hired the psychiatrist that my complaints or contact information would not be forwarded.

ETA: Oh, and I emailed them after filing it letting them know what I'd done and that their refusal to address the issue resulted in the board filing.

Edited by rev ronin
add aftermath
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14 hours ago, iconic said:

Good luck proving misdiagnosis in psychiatry. It's so common there is a lot of research written on the topic. Almost everyone referred by PCPs is misdiagnosed. 

So, the issue here is one of negative misdiagnosis. Check all the criteria for PTSD, you get a PTSD diagnosis and thus, in the workers' comp realm of things, mental health treatment for PTSD. In this case, the psychiatrist in question stated that not experiencing a life-threatening injury meant the workers did not meet PTSD criterion A and therefore did not have PTSD. As you can see here, "experiencing a life-threatening injury" is not part of PTSD criterion A: merely witnessing threatened serious injury to someone else is enough. I went used book shopping, and none of DSM-III, III-R, IV, IV-TR, 5, and 5-TR ever required "experiencing a life-threatening injury" as part of PTSD criterion A. In each case, the worker received what cannot reasonably not be construed as serious injury.

Negative misdiagnosis means less liability for the state, which pays for the IMEs.

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  • 4 weeks later...
  • Administrator

As an update, the medical commission has initiated an investigation. That means my complaint passed the first hurdle. I think three factors contributed:

1) It alleges actual harm to multiple patients by the same behavior, and unknown others who may have been harmed.
2) There's an objective standard (DSM-5)
3) All the conduct in question is in writing.

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On 9/19/2023 at 5:48 PM, rev ronin said:

As an update, the medical commission has initiated an investigation. That means my complaint passed the first hurdle. I think three factors contributed:

1) It alleges actual harm to multiple patients by the same behavior, and unknown others who may have been harmed.
2) There's an objective standard (DSM-5)
3) All the conduct in question is in writing.

Does this psychiatrist know who filed a complaint against him/her?

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