illness benift,can person refuse a particular doctor?

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thedaras

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My sister has been on illness benifit for 10 years due to a variety of reasons.
A bit of background :She was called to see the departments medical assesor,whom she found to be very uncaring.She was then told she was capable of some type of work but on appeal this was changed back to the origanal position.
SHe had ,on leaving the asserors office put in a complaint ,so at that stage she had no idea of the outcome.,therefore couldnt be accused of just doing so due to being dissallowed.

It took the best part of a year for the sucessfull appeal and it was traumatising for her.
That was a couple of years ago.

However she has now been called back in,and the question is,can she find out which Doctor she will see and if its the same one,can she refuse to see that person and ask for another Doctor?
Sorry for going on but thought it important to fill in the background.
Thanks
 
Your sister has the right to request and receive notice that is prior to her attending for examination detailing the name of the Medical Assessor who will be examining her.

To ensure that members of the public can identify all doctors who are registered in Ireland, all doctors including those who work in the DSFA and/or the Department must disclose to the general public information when they are asked to do so the medical council registration number of doctors.

Regardless of clinical environment, the automous and competent person has the right to refuse treatment and also to be examined by a specific doctor and the decision of the competent person must be respected. This means your sister does have the right to refuse to be examined by a specific Medical Assessor ie, the person against whom a previous complaint was made. Her benefit cannot be discontinued for exercising this right of decision.

All patients have the right to request female or male examining Medical Assessor and for those requests to be fully acceded to in the DSFA. I would put her request and any concerns that she may have in writing - and keep a copy of all correspondence.

For any examination including all which are physical and intimate Section 15.2 of Medical Council Guidelines 2009 states that all patients have the right to have a chaperone accompany them and be present with them during the examination process if they wish. Clients have these same rights when going for examination in the DSFA. The chaperone can be any person that the patient wishes (a friend or relative) or if the person wishes you can choose and it doesnt have to be the nurse.

All patients have the right to withdraw consent to be examined by any doctor and at any time - and in instances where a competent person withdraws consent the doctor must immediately comply with the persons wishes.

If the examination is likely to cause your sister any distress or harm, your sister's medical certifier does have the right to request that your sister be excused from attending for this examination.

Medical Council Guidelines 2009 can be downloaded from www.medicalcouncil.ie/_fileupload/misc/Ethical_Guide_2009.pdf
 
Annet,thanks so much for your detailed response.

For any examination including all which are physical and intimate Section 15.2 of Medical Council Guidelines 2009 states that all patients have the right to have a chaperone accompany them and be present with them during the examination process if they wish. Clients have these same rights when going for examination in the DSFA. The chaperone can be any person that the patient wishes (a friend or relative) or if the person wishes you can choose and it doesnt have to be the nurse
Click to expand...
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However this is a direct quote from the departments letter.

" The attendance of other persons at the assessment,other than your doctor and interpreter if deemed necessary,will be at the discretion of the medical assessor".

Can you see where Im coming from ?
It would appear from you post that people are entitled to bring someone with them,and yet the letters say it is at the discretion of the assessor?
I dont get that..Can you help ..again:eek:
 
Came across it - but take it from me it has no standing in law - and if you want to put it up to them - ask them where it states in medical council guidelines and in statutory law (European and Irish) that any doctor has the right to dictate civil rights and to tell a patient that you don’t have and have to forego that right to being an autonomous person.

Ask them to produce the actual documented copy of their procedures and policies manual - I'd be quite surprised if it appears anywhere in this manual (presuming they even have one) - its unethical - although if they have been dumb enough to formally document it in a policy as it be open season to complain to the medical council, an bord altranais, the equality authority and the ombudsman. Ask your GP or consultant just how ethical it is and whether it is normal or accepted practice amongst health professionals in the 21st century.

They state that these exams are conducted in accordance with medical council guidelines and medical council guidelines are explicit and these doctors are governed by the medical council. I'd ask the DSFA which part of medical council guidelines in their opinion dont apply to themselves or its doctors - it be an interesting response.

This was a policy that was developed by the previous Chief Medical Advisor - it was never challenged (although a new crusade is lurking with me on the loose) - and I can understand how they managed to get away with it so far in that they are dealing with people who by and large are vulnerable, isolated as a user group and quite understandably are disempowered and who wouldnt necessarily come from medical backgrounds where they have knowledge of what is accepted standards of medical practice.

Under the Equal Status Act 2000 it could also be construed as prohibitive. Its archaic and restrictive and it shows that certain elements who should know better are lacking basic knowledge by thinking they have more powers that they do. In fact, some may see it as confrontational, discriminatory and aggressive.

It deliberately puts the claimant in a disadvantaged and disempowered position.... Even in the appeals process and in other services users are given the right to make decisions to have persons with them. In the UK, the DWP even respects and upholds that fundamental right.

It goes against the fundamental principles of liberty - and part of liberty is choice - and this kind of policy doesnt give people choice - for whenever discretion is used there are no legal rights - think about it - no doctor has discretionary powers in this state over a persons liberty - let alone do they have the right to dictate any persons fundamental freedoms - unless you are a criminal or non-competent person in the meaning of the mental health act.

I cannot understand how this organisation doesn’t come under the remit of HIQA in terms of monitoring quality standards both in terms of services and these kind of attitudes and practices. If you need further info PM me.
 
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