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Thank you for your reply, but how about the following related to my second option:
1-(a). If the physician can not prove that he had at least two year's experience in diagnosing dementia? 1-(b). If the physician can not provide information about when and how the assessment was performed? 3-(c). If the physician can not prove that my mother had dementia as defined in the current edition of Diagnostic and Statistical Manual of Mental Disorders? I believe that the physician can prove none of the above but he declared under penalty of perjury under the laws of the State of California that the foregoing (1-(a)& 1-(c)) was true.
2. The petition was not personally delivered to my mother, which I believe is a required procedure before the court hearing.
3. I can have the psychiatrist employed by the Department of Mental Health whom my mother visited every 6 or 8 weeks in the past 7 years to testify that my mother did not have dementia one year ago when the hospital doctor declared that my mother had dementia, but no now as I previously mentioned. Does she must prove that she does not have dementia now?
Frank C. Wu
Thank you for your reply, but I am still not very convinced.
I can ask the psychiatrist employed by the Department of Mental Health to testify that mother did not have dementia and I can also ask eight non medical professional witnesses to testify that my mother could answer questions correctly by writing such as when, what, why, who and where when she was in the ICU of the hospital one year ago.
The Doctor at the ER of the hospital revised my mother's medical record on 02/11/2011 when my mother was brought there for a prescription of stomach pain relief to read as "she has a very complicated history of severe dementia, -----------" which was totally untrue and I have no idea at all where they got the information from. The ER doctor also stated that his assessment included dementia but the fact was that no body there even talked to my mother before or after the intubation (my mother does not speak English and she was still unconscious when she was transferred to the ICU in the evening).
1. Can’t I question the doctor why my mother was not able to answer simple questions requiring only nod or shake head and ask him to provide information about when and how the assessment was performed to prove that my mother had dementia as defined in the current edition of Diagnostic and Statistical Manual of Mental Disorders?
2. Can’t I ask the ER doctor to provide my mother’s “original” medical record to show that he did assess if my mother had dementia and how he assessed when she was brought there by ambulance? I think that it is a common sense that no ER doctor will do such an assessment.
3. Even my mother still needs a conservator after it was found that the two doctors provided untrue documents resulting in my mother’s being declared incompetent, provided that I can ask the above two questions. Will not the findings be helpful for me to bring another suit against the physician and the hospital in the future?
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