THAT despite my continual need for treatment in the form of anti-inflammatory control of my severe but uncommon bone disease, I was left without a personal physician to provide such treatment for two months until I was able to retain the services of Dr. G.N. Rebalkin who attended me for approximately three weeks. During an office visit on June 17, 1986 Dr. Rebalkin informed me and I verily believe the same to be true that “he had received a lot of anger and rather vicious accusations from a doctor at University Hospital” and that as a result he wished to terminate our association.
THAT I shortly thereafter received a letter from Dr. Rebalkin dated June 30, 1986 confirming his abrupt withdrawal. Dr. Rebalkin further advised me, and this is borne out by records, that his immediate source of said accusations had been a long conversation in June 1986 between himself and Dr. G. Wyant of the Pain Clinic at University Hospital.
THAT I subsequently spoke to Dr. Wyant on this matter at which time he informed me and I verily believe the same to be true that the Defendant had come to speak with him earlier in the spring after I had contacted University Hospital Administration to intervene (re securing the CPP document, paragraph 13). Dr. Wyant informed me and again I verily believe the same to be true that the Defendant had expressed to Dr. Wyant numerous hostile accusations and distortions of the truth regarding my character and medical condition.
THAT although I located another general practitioner, Dr. R. Chernoff, who was prepared to take my case a short time later, this physician also terminated his care of me in or about July 1987. Initially the intended standard of care was good, though progress was complicated by both the confusion in the medical history, and continued emotional violence promulgated from the Defendant.
THATA high level of patient-participation was proposed and accepted between myself and Dr. Chernoff to expedite matters. However, I was at the same time subjected to escalating wounding emotional abuse from Dr. Chernoff, particularly following service of my Statement of Claim upon the Defendant.
Dr. Chernoff eventually terminated his services to me with the admission that “he felt he was having to serve two masters” with the “need to provide good medical care and simultaneously receiving instructions from the medical community to abuse this patient emotionally and keep her so upset that she wouldn't be able to organize any legal action against Dr. Blocka.”
THAT the sudden and unwarranted withdrawal of support by the third general practitioner I had consulted in a year's time, coupled with the pain of my disease, gastrointestinal bleeding and other side-effects of treatment, and the stress of unchecked emotional abuse was overwhelming.
THAT since about August 1987 I approached no less than ten general practitioners, only to have my case repeatedly rejected. The basis of rejection was repeatedly advised to be, and I verily believe the same to be true, that my case involves a complicated technical medical history, that my case would therefore be “time-consuming when doctors are paid the same regardless of the scale of complexity or time-length of a consultation,” and not least that my case was associated with a complaint lodged against one member of their own community.
THAT on several occasions during said period I had to attend at the emergency department of St. Paul's Hospital, and the Minor Emergency Clinic on Laurier Drive, Saskatoon, to obtain what would be termed ‘maintenance-level’ medical care, including anti-inflammatory medication for relief of the severe pain I was suffering, plus blood tests required for monitoring this treatment, as I had no family physician to turn to to obtain same at that point in time.
THAT because of numerous things said to me, I believe that it has become common knowledge within the medical community that I am in litigation with Dr. Blocka, and that this has led to a punitive attitude towards me. During my interviews with the said physicians I consulted since August 1987, I was subjected on a widespread basis to this sampling of opinions, which I verily believe to be true: I was left with the impression that only pre-meditated mistakes, and not mistakes of professional neglect or mismanagement, are considered accountable within the medical profession, when:
THAT said interference by the Defendant has been prolonged and extensive, and arose specifically for the purpose of committing informational fraud and triggering harassment in anticipation of litigation.
THAT a deterrent is required, as the Defendant's destructive conduct will not stop so long as the trial is pending.
THAT I therefore make this Affidavit in support of a Restraining Order or voluntary Undertaking with respect to Dr. Blocka, prohibiting him from communicating directly or indirectly with any person including, but not limited to, any physician I may consult with respect to my care and treatment, except as may be expressly requested and authorized by myself.
THAT I also make this Affidavit in response to application by the Defendant's solicitors that the within action be dismissed.
THAT I have been physically very ill since the outset of my Claim, during which time I have suffered stress, anxiety, pain and expense. I have been deprived of my ability to earn income from my profession due to ongoing illness, and been deprived of my right to freely seek medical care locally. It is as much the actions of the Defendant, as the bone disease, which have enforced delays in acting upon my Claim, and, according to precedent, the concept of natural justice or procedural fairness is broad enough to encompass the concept of such abuse of privilege.
THAT I advise the Honorable Court that once the full effects of my disease are known and have been remedied, I fully intend to pursue the within action with all due diligence. That all aspects of my medical history to date, including the Defendant's referral of my case to the Mayo Clinic, their records and response to said referral, as well as the progress, or lack thereof, in my recovery since the Defendant terminated his care of me are well documented by a vast resource of written medical reports, charts and files so that it will not be necessary to rely solely on the memory of witnesses at such time as this matter comes to trial.
THAT I am seeking such time as is necessary to endeavor to determine the full extent of my disease and make progress with treatment so that I have the strength to participate fully in the proceedings, as well as the information necessary to establish my claim.
THAT I am further seeking the costs of the within application.
|SWORN BEFORE ME at the City||)||____________________|
|of Saskatoon, in the Province of||)||Georgena S. Sil|
|Saskatchewan, this 15th day of||)|
|August , A.D. 1989.||)|
|W. G. LAMB|
|A COMMISSIONER FOR OATHS IN AND FOR|
|THE PROVINCE OF SASKATCHEWAN,|
|BEING A COURT OFFICIAL.|
Tuum Est - It Is Up To You
Copyright © 2008-2019 Georgena Sil. All Rights Reserved.