Consumers Taking Action- Part One- Where Do I Start?
by Ms. Jeanette D. Bartha
This is the first essay in a series that will focus on options mental health consumers have when they want to take action against a therapist who has caused harm during psychotherapeutic treatment. This writer’s point of view is that of a consumer who took legal action against a psychiatrist and the hospital where he practiced; a settlement was reached two days before trial. I am not a mental health care professional or a lawyer. This is an informational series that will detail the stages I went through during medical malpractice litigation.
Terminating the relationship with my therapist was a complicated decision that took months to realize. He had become a valued confidant; someone I trusted to improve my life. I did not always agree with what he proposed, but he was the psychiatrist - a medical doctor with credentials and years of experience. My over-confidence led me to disregard my own opinions; his paternalism and subsequent control over me was a red flag that he was doing harm, but I failed to notice. I remained in treatment for over six years and had decompensated to the point of total dependence upon him and the hospital staff. In addition, I lost the lease on my house, a lucrative job, savings, friends, and dropped out of graduate school. I also surrendered my relationship with family in favor of therapy; more red flags missed.
Occasionally I considered leaving treatment, but the thought of getting a new therapist was overwhelming, particularly with my high level of dependence and depleted resources. I had invested years in therapy all the while ignoring my inner voice telling me something was not right. I remained, in part, because of an influential catchphrase used when I had valid questions. “You have to get worse before you get better”, he’d say. This statement seemed extreme, but desperate to find relief from recurring depression, I honored his line of thinking instead of mine. I endured doses of addicting psychotropic drugs, physical restraints, and involuntary court commitments, in addition to being told when to eat, sleep, work, and play. As predicted, I got worse… and worse… and worse. I kept reminding myself that in getting worse, I was actually getting better. Of course this was not true, but my thinking had become hopelessly distorted.
Warnings and danger signs of improper psychiatric treatment were not in the spotlight back in 1986 as they are today. The general public is more educated and consumers are more inclined to take action against mental health professionals when they conduct improper treatment regimes and exhibit unprofessional behavior. I believe that no matter what type of therapy a consumer chooses, they need to be aware of their general health and retain the ability to think and act independently of their therapist. Consumers might ask themselves: Am I better off than when I first walked in the door? Have I lost my job and interest in enjoyable activities? Does my therapist insist treatment go against my belief system? Am I estranged from loved ones? Barring that an individual may indeed have events, behaviors, and people they genuinely need to move away from, in this writer’s opinion, psychotherapy should not deteriorate a consumer’s overall ability to function over an extended period of time.
My treasured doctor-patient relationship had gone sour and I was physically ill and emotionally wrought from sleep deprivation, poor nutrition, and inappropriate medication. Although my ability to think clearly was impaired, I knew two things for certain. First, I had to take action immediately and terminate the relationship. It was 1992, six years after our relationship began and saying, “You’re fired!” to my psychiatrist were two of the most empowering words I’ve ever uttered. Secondly, my family had never been abusive as I was led to believe – the perpetrator in my recalled memories actually lived in another country. This fact was the kernel of truth upon which I rebuilt my life.
The next action I exercised was the decision to take control of my life. I was willing to start over with a new therapist even though my trust level was low as were other financial and emotional resources. More importantly, I had to admit that many dreadful decisions had been made. Bad decisions, however, did not dismiss or belittle what had happened. After firing my psychiatrist I fled the city where I was living, and reestablished myself in another state because he was slow to realize I was serious, and he had indeed been fired. Hurt and rage set in. Rather than quietly going on with my life, I decided to take legal action and do what I could to prevent this particular psychiatrist from hurting anyone else. Take action? What could I, a consumer, do against a doctor and a prestigious hospital? What could I possibly do to make a difference? Determined to hold the psychiatrist accountable for his outrageous deeds, I contemplated what steps were necessary to make my desire a reality. Deciding to take legal action fueled my ability to move forward and was the catalyst for regaining my life and health.
What did I do first? I got physically healthy by securing proper treatment with a competent medical team. It took time and patience, but having lost everything and everyone I loved, time was all I had and patience a virtue I needed to learn. As each month passed, my family worked together to understand what had happened to us. I temporarily returned to my home state six months later, and began the search for an attorney.
Coming next: The hunt for an attorney.
Consumers Taking Action Series
