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01-01-2010, 04:08 AM #1Senior Member
Loop Hole?
Originally Posted by justpics
So it is upto a patient to inform the Dr. of ailments, correct? So how is it bad advise to tell someone it is upto them to inform and control their medical care? And our statute and DOH here in Wa. clearly unambiguously state the same.
A qualifying patients covered conditions are for life. So is a diagnosis for life, unless a misdiagnosis is proven by scientific medical evidence. At the point a qualifying condition no longer exists, is the point at which it no longer becomes for life. An authorization or medical record entry is proof that a Dr.'s professional medical opinion of a life long condition does not expire. If one changes Dr.'s your medical record does not ever expire, correct? Your new Dr. goes off the history in the record....This goes to the IS A PATIENT vs. WAS A PATIENT.
This is why allot of people in accidents who fight an insurance co. get an I.M.E., most courts rule in favor of the treating physician's medical opinion instead of the I.M.E. opinion. I myself had many I.M.E.'s when I blew out my shoulder. They all said I was faking it(professional medical opinion). I beat every one of these Dr.'s pro-med-opinion hands down. I won the largest claim in Oregon for my condition at the time.
These doc in the boxes are nothing more than an I.M.E. in legal terms. They all state up front, we must review your medical history records of your regular treating physician(because they read RCW 69.51A.030 which states they are not criminally liable for doing so.). It is actually your regular Dr.'s professional medical opinion which controls the I.M.E. professional opinion.......if this was not true, then the doc in the boxes would not need prior records. They would claim to be able to diagnose, not just treat.jamessr Reviewed by jamessr on . Loop Hole? Say your get your authorization from a doc in the box who specializes in mmj authorizations with patients with a valid medical history and they put an expiration on your authorization (not in the law, they don't expire). What if you then go to your regular doctor, who wouldn't sign around the time your expiration date is coming on your doc in the box authorization, and the regular doc finds your conditions are still the same, you can carry on without fear from LEO because expiration's aren't Rating: 5
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