Friday, December 7, 2012

Hand Over Medical Records


My medical records are sitting here at my house. Anyone who ever wants to read them is free to do so.  So that begs the question of what Kiana’s mothers attorney sent me, asking why I won’t hand them over. It’s just  a simple reality that I can’t afford my doctors to come and testify for me and I lack trust that their expert would state things, having worked in the legal system, seeing people use one clause to make a mountain out of a mole hill. Below is our exchange, edited because well court is coming:
Kiana’s mother’s attorney:

 If you have nothing to hide, why are you continuing to refuse to provide your medical records? As I previously told you the records can be given to our expert for review and then we can know where we stand.
My response:

Put me on the stand and I'll answer that in person as specifically or as generally as you want but the short version is Kiana’s mother and her boyfriend are what I would call less than honest.

With that said, why won't you tell me who your expert is? I'll tell you who my doctors are. Dr. Friedman who did Ted Kennedy’s Surgery, another Dr. Friedman who helped supervise the case, Dr. Desjardins, a world class neuro expert and here in Austin, Austin's first ever neuro
oncologist Dr. Brian Valiant, go look them up, who will speak to the stability of my cancer from when he started working with me (8/2012). I believe I handed you that entire thing to read, do you deny that?

But you can't or won't give me a name. Doctors, like in any other profession, have a variety of qualities. And simply put, my diagnosis is rare, a simple google search of diffuse astrocytoma would tell you that there's different approaches so feel free to let a court know why I won't hand opposing counsel who is trying to remove my custody. It's because I don't trust you guys. Subpoena my doctors to court anytime you want as long as you're ready to pay for it. The Duke doctors sent you a letter which we've submitted to the court.

If you wish to have the court have psychologicals of both of us, I am completely game by a court appointed psychologists who can evaluate us independently. I've sat through 3 in the last 2  years, 2 before the divorce and 1 after and I was incredibly blatant and honest in it because much of my life depends on it.

Your client can testify to the court why she didn't pull all the records when she still had full access, why she finalized divorce before a follow up of my long term prognosis had even been done and her boyfriend can testify to the court that he lied to his mother and my mother. These will testify to their character, to me a far more important issues than the fact that yes, if I stop taking my medication, the exact same medication I was on the day of the filing and finalization of the divorce, I will have seizures probably regularly because there is cancer, scar tissue and a hole in the middle of my left temporal lobe, the most electrical part of the brain. But this was true the day she filed for the divorce and the day she left I wasn't cleared to drive or return to work and she left a child with me. She can argue that the night she left there was a locked door and there was but she had her daughter multiple times before she filed for divorce so that argument holds no water, ma'am. And no, no one, would argue that before the divorce anyone other than she had been the primary caretaker of our daughter. That is no longer true. If you want to have her explain that as part of public record, that she ran from her responsibilities and left me at the weakest state of my life, I think those will speak well to character, to me and most judges the most important attribute in raising children. I was left with a child when I wasn't even supposed to be alone. I haven't hidden my disease from the public or my daughter. It's on commercials, a public blog and my daughter has attended MRI's with me, neuro surgeon appointments with me and been enrolled in counseling for wonders and worries for children whose parents diseases. I pray to God that I can protect her from it but I can't control cancer. And you better believe if, IF, the time comes I'll hand custody over then but until then I will fight with every breath I have to spend time with the most precious gift the universe has ever given me.

A cursory reading of my blog or my facebook page would let you know, I am not a private guy but simply put, I don't trust you or your client who don't have the courtesy of providing an expert's name.
In regards to my own health condition, that I will provide you letters from my doctor at least annually and that I will let you know anytime I've been hospitalized immediately and within 72 hours as to why AS LONG as you state that you will not challenge custody while my doctors state that I am stable. No circumstances have changed since the divorce. It will be fairly easy to demonstrate to the court that a guy who sneaks out of the hospital to run 8 miles, who puts off brain surgery to run a marathon doesn't want to accept medical limitations easily which is the way it should be. People should not lay down to die even if they have a terminal illness. But the ones I've accepted over and over and over since the divorce and these letters demonstrate and even when midweek visitation happens are times I didn't use to spend with my daughter. Statistically speaking, I will not likely make 40. But right now, things are ridiculously good and perhaps I'll be part of the minority that beats brain cancer. I am in the second of 2 months for the first time in 2 years without any appointments. It's going to be hard to prove that your emergency request was justified.

However, I have the privilege, the honor that I had good enough insurance, private insurance mind you, that I can take home $2000 a month due to my diagnosis and its side effects and spend more time with a little girl. This is completely worth cancer, even if it kills me early. I don't know where you come from but where I come from, we don't have kids so that other people can raise them. I can count on one hand how many times I've done so for anything but running, which benefits both my emotional and mental health, then it's my responsibility to pay for it.

By the way, I have no clue what Kiana's mother health is, will I be getting regular reports from her doctors?

We are fortunate enough to live in a town where dozens of quality events for children are at a free or low reasonable price. Have any social worker inspect my time with my daughter. She is lacking NOTHING.

Any other questions I can answer ma'am?

 

1 comment: