“Apology” Act would allow physicians to say ‘sorry’ without fear of litigation

Dear Minister Jon Gerrard:

I am writing to express my support for the private members' bill you tabled in the Legislature on June 12th. I believe many people living with chronic illness have, at least once, been misdiagnosed or treated poorly by a health-care provider. The “apology” act legislation is needed. It would open an avenue for redress and permit care providers to learn from their mistakes and help prevent the same mistakes from occurring in the future.

I am a 45-year old woman who has been living with Rheumatoid Arthritis (RA) since 1981 and Fibromyalgia since 1989. I was repeatedly misdiagnosed over a 15-year period. I have often wondered if I had been diagnosed and educated in chronic disease management in 1981, if I would be on full disability now. After an extremely successful, non-traditional, 22-year career in aviation, I was forced to give up my job, my entire “old life”, in 2002.

At first, I chalked up my situation to the Revolving Door of Doctors that we contend with living up north. I lived in Northern Manitoba and Nunavut from 1981 until 1994. I was shocked and chagrined to discover another Revolving Door of Doctors when we moved south in 1994. I now know that living in rural Manitoba, or outside the Perimeter Highway, results in second-class health care.

I have also learned that our current health care system is not set up for, nor does it deal well with people living with complex chronic illness. Until 2001, I was subjected to "let's have your top three complaints and here are three scripts" in and out the door in fifteen minutes or less health care.

As a result, I have a list of doctors that I would love to receive an apology from. I would love to have access to a process that would compel health care workers to review their actions or lack of same, and learn from them, to better serve Manitobans, as well as having them re-visit their brush off to me. Undoubtedly they have no idea who I am or the impact they have had on my life yet I have not forgotten them.

I would dearly love an apology from the Transport Canada Medical Examiner who checked off a "fit for duty" box on a form, yet failed to communicate to me that I had RA antigens in my system. Early treatment and education for people with RA is essential for the best possible outcomes and long-term quality of life.

I would also love an apology from several of the Revolving Door of Doctors for some of their more bizarre diagnoses and/or proposed therapies when presented with my chronic symptoms of fatigue, joint and muscle pain, restless legs, dry eyes/mouth, vertigo, dysmenorrhea, cognitive difficulties, irritable bowel, sleep dysfunction, annual sinusitis, and loss of hand strength. These symptoms alone or in combination clearly indicate the need for a specialist consultation, yet they all routinely and dutifully wrote down my list on my chart.

Most often I was told that it was "just stress". I was also told I had a salivary gland infection, an inflamed liver, and low-blood pressure requiring a pace-maker. I was frequently diagnosed with depression but because I was unable to take any anti-depressant medication due to workplace medical requirements (the same policy applies to pilots), all investigation, education, and assistance ended.

From 1981 until 1995 I remained undiagnosed. In January 1995, a heated argument with a Revolving Door Doctor (she was only in my area for 3 months) finally resulted in a referral to a Rheumatologist. With disdain and anger she asked why I hadn’t be referred to a Rheumatologist, to which I could only reply, "No one has ever referred me”. I wish I had made a note of her name; while her bedside manner needed improvement, ultimately, she saved my life. Literally.

I would love to receive an apology from the doctor that prescribed Ibuprofen while I was on the maximum daily dose of Celebrex and Sulfasalazine.

I would love to receive an apology from the lab worker who could not take my blood without a minimum of three attempts and who blamed it on my "slippery" or "non-existent" veins. Her co-workers had no trouble on their first try. I would love to receive an apology from the lab supervisor who required me to whisper a request for another lab-worker and sent me off to a room around the corner for my blood work instead of providing training for her staff.

I would love to receive an apology from the doctors who did not discuss symptoms due to time constraints and/or did not review lab and x-ray results for the same reason.

I would love to receive an apology from the two doctors who told me that my protein deposit rash was “winter dry skin" and "scabies". When a diagnosis was eventually made, the symptomsindicated a need for a close watch on my kidney function. In the words of my Rheumatologist, "If you are depositing proteins through your skin, we need to watch your kidney function".

By contrast, my saviour is a GP from South Africa. He is a doctor who believes in a whole body, mind and soul approach to healthcare, and easily blends traditional western medicine with alternative therapies. He is a wise man who is not afraid to say, "I don't know but I'll find out". He is a family man who was unfairly compensated for a 1.5-hour consultation within our .25-hour remuneration system.

I first presented to him with a burst blood vessel in my finger. He was shocked at the list of meds I was taking. He was the first doctor to take the time to thoroughly review my history (it took him a month and resulted in a two hour conversation about the two pages of notes he made while going through my charts). The very first therapy he prescribed was yoga combined with meditation.

Together we embarked on a process of discontinuing most of the meds and re-introducing them one at a time until we achieved a balance of necessary pharmaceutical therapies and livable side effects. It took us three years, a lot of trial and error, consultation with many specialists, a myriad of tests and many off the clock “after hours” consultations to identify and implement beneficial therapies, pharmaceutical and otherwise. Included were many "alternative" therapies, a lot of education on my part, and finding an equally dedicated, curious and open-minded physiotherapist/acupuncturist and neuropsychologist.

While wishing for apologies from certain health care workers, I would equally like to acknowledge the "above and beyond the call of duty" of my core health care team; my GP, my physiotherapist/acupuncturist, my psychologist, a rehabilitation specialist with a prominent health insurance company, my yoga instructor, an occupational therapist/ergonomist and a massage therapist. Without them, I would not have the well-managed, stable, happy quality of life I enjoy today.