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NSW Health Insurance and Voice Recording - Doctor Refuses to Re-diagnose Friend

Discussion in 'Insurance Law Forum' started by Angela Lee, 3 March 2016.

  1. Angela Lee

    Angela Lee Member

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    This isn't about me, but about a friend of mine that currently resides in Australia. She's obtained a serious back injury at work and has been taking physio-therapy and everything else to remedy the situation. However, the pain is still there and there seems to be a nerve damage. She said that her doctor is refusing to re-examine her possibly because of the pressure from my friend's health insurance company. The doctor is constantly saying that she simply does not like doing paperwork and is refusing to give her the help she needs and deserves.

    My friend has to return to work soon despite the injury that pains her every day and makes it impossible for her to work without extreme discomfort.

    Now, she would like to sue the doctor and to do that, she wants to record all interactions with her doctor from now on. Would she need her doctor's consent in order to do so or would informing the doctor that the voice recording is happening be enough?

    Also, if she wants to get help with a fair and accurate diagnosis, what could she do in this case? (The doctor that works with the insurance company has not even seen her in person and confirmed my friend's lazy doctor's diagnosis.)
     
  2. Sophea

    Sophea Well-Known Member

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    She is free to see any doctor that she wishes for treatment. As far as recording a conversation with her "lazy doctor" goes, if she informs them that she is recording the conversation then it is legal for her to record it.
     
  3. Tim W

    Tim W Lawyer

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    Lawful so long as the doctor consents, which is inconceivable.

    Is you friend seeking treatment privately, or through the Workers Compensation process?
     
  4. Angela Lee

    Angela Lee Member

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    She's on the Worker's Compensation process.

    If she could get a second opinion from a doctor other than the one that doesn't even want to see her in person, I think her situation may be improved. Would there be any way she could get that?

    Another question, if she was to take this to court, would she have a case?
     
  5. sammy01

    sammy01 Well-Known Member

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    She would first want to go see another DR and get a significantly different diagnosis. You're working under an assumption that there has been a misdiagnosis, but you've got no medical grounds to establish that as fact.

    Chances of getting to court and winning? No idea to many unknowns to reasonably expect an accurate answer on a forum like this.

    Voice recordings only with consent of the DR and I would not give consent.
     

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