ptsd PTSD Access to VA records by others after accident

[knoxcap]

This is not so much a question as it is to let my PTSD brothers and sisters know about something that happened to me many years ago and could happen to them.

I’m PTSD 70% (MST), lumbar 20% and wrist 10% and many years ago was involved in a car accident. At the time of the accident I was seeing my VA MH doctor. The accident was the fault of a large company where I live and because of my lumbar and cervical problems I was injured even more and had to go after them to get the surgery needed on my neck. They said it wasn’t their fault of course. I got an attorney and started the process.

During this process of fault their attorneys were able to pull my medical records which show my mental health status and ALL the details of everything I’ve ever said to my doctor in confidence. When we went to mediation I was asked questions regarding everything. I was upset, embarrassed, appalled, and my husband was sitting in the mediation too so got to hear everything is never told him. And of course they used it against me.

On that day I decided to stop seeing my VA MH doctor. I was re-traumatized by everything they said. I did see a community care MH for awhile longer but afterward made sure they took no detailed notes and am still upset regarding this and it was 12 years ago. I do not know if this was legal and pretty much stopped seeing MH specialist off and on for this exact reason. When I talk to them I am guarded and shouldn’t have to be.

Just a heads up if this happens to you to see if you can place a hold on some records. Hope this helps someone. 
 

 

Edited September 13, 2022 by knoxcap

[Vync]

@knoxcapI am not a legal expert at all, but would assume absent a court order or a release of information authorization signed by you or any POA you have, I have no idea how they could have got the records. 

Your lawyer should be able to tell you exactly how they obtained those records. If they obtained them illegally, one could assume someone could be liable for the impact it had on you.

Edited September 13, 2022 by Vync

[Dustoff1970]

This is no surprise to me.  In Texas the VA MH doctors on alcohol ward would tell patients that they were protected from civilian arrest while on VA property, but I observed the sheriff officers arrest vets on the ward a few times. 

All these guarantees of medical records confidentially by government agencies and corporations and medical institutions is all Bull CHIT when legal proceedings and lawyers get involved.  Just more American lies.  "Trust us your records are safe"

In my case I don't care for many decades now and I am in fact proud of my Vietnam combat PTSD.  They can all go s

Edited September 13, 2022 by Dustoff1970

[Whodat]

This is a great topic. This is the reason I do not trust law enforcement. No matter if or not on protected property. 

My wife had called the police because of my PTSD meltdown. Instead of trying to help me, I had a gun pointed towards my head, attacked by 3 officers from the back slammed to the ground and off to jail I go. No questions asked. Now my anxiety is higher when I see cops. 

[knoxcap]

@VyncPropbably my own fault on the records release. I did sign a release of information document but should have made sure to state that not all records could be looked at. A lot of release forms just ask for the doctor, hospital, dates and a signature. I'm sure it could be called "young and dumb" and I learned my lesson. That was a hard one to learn. 

[knoxcap]

@Dustoff1970I am in Texas and just assumed that the records details would always be confidential, even if a release of doctor dates and places are open. Also, did not know that the doctors detailed notes were put into the record (yeah, I know, I was young and stupid). I had one doctor at VA that actually fell asleep while I was in my appointment with him. He had been telling me know sleep was very important for your mental health and if you didn't sleep you overall health would deteriorate. I think he needed to listen to his own advice. 

[Whodat]

@Dustoff1970 you are right. I am just not sure as how to tackle that beast. Before that happened, I had just gotten increased for PTSD from 50 to 70. Then that happened. That incident happened in 2017. Just recently, I have been having hbp. I have not been diagnosed with gerd and others. It was court ordered and was with VA that I had to attend anger management.  Was on probation for a year and had to do weekly pp test. I was a good boy so that case was expunged.