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 technical medical care was good, though progress was complicated by both the confusion in the medical history, and the emotional violence promulgated from the Defendant. To expedite matters, a high level of patient-participation was proposed and accepted between myself and Dr. Chernoff.
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 since July 1987 my condition has not improved and I remain weak from the constant grinding bone pain associated with the bone inflammatory disease from which I suffer as well as the bladder disease which is returning. 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 my requirements for responsible medical care meant that I, though exhausted, had to continue with diligent effort my attempts to find a permanent family physician, and since about August 1987 I have approached no less than ten general practitioners, only to have my case repeatedly rejected. I was repeatedly advised on these occasions, and I do verily believe the same to be true, that the basis of rejection was 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 necessarily lodged against one member of their own community.
THAT on several occasions during said period I have 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 stated to me, I believe that it has become common knowledge within the medical community that I am taking action against Dr. Blocka, and that this has led to a punitive attitude towards my person and medical case. The reason I believe this is because of the following experiences I was subjected to on a widespread basis during the interviews with the said physicians I consulted since August 1987. On numerous occasions I was told, including but not limited to the following, and I verily believe the same to be honest and accurate representation:
THAT because of the lack of relief from the many general practitioners already referred to, I have also spent a considerable amount of time researching in the Health Sciences Library, as best I can with my training in a different science. (I have a Master of Science degree in Physics and worked as a Physicist until my disease resulted in giving up my employment.)
I have handily found the latest literature and research available in medical journals regarding the bone disease Osteitis Pubis, in order that this “working-diagnosis” may be confirmed or refuted in my case. Additionally I have researched some rheumatology literature for the realistic purpose of further applying general anti-inflammatory treatments, which are well-established for other more common inflammatory diseases, over to my bone disease, for either interim or permanent treatment.
I have approached every physician I have consulted over the past year and several months with the indication that, should they be prepared to undertake my care, I would do everything in my power to make sure they have accurate medical records and the most relevant information I could obtain with respect to my disease. Nevertheless I continue to search for a physician who is prepared to undertake my case and work with me on a long term basis to alleviate the excruciating pain from which I suffer on a daily basis as well as search for a long term treatment, if not cure, for my disease.
THAT when I received the letter dated August 18, 1988 from the Defendant's solicitors requesting that I discontinue my action against the Defendant, I wrote back to said solicitors informing them that I had no intention of discontinuing my action against Dr. Blocka and explaining the substantive reasons why I had not to date undertaken any further steps in the action. The reasons are:
THAT once the full effects of my disease are known and have been provided with medical solutions, I fully intend to pursue the within action with all due diligence. That all aspects of my medical history to date are well documented by a large resource of written medical records, charts, X-Ray and Nuclear-Medicine Scan films, plus my own considerable documentation placed on record, so that it will not be necessary or even desired to rely solely on the memory of witnesses at such time as this matter should come to trial. That in support of proof of the availability of written coverage, particularly of the events surrounding the Defendant's referral of my case to the Mayo Clinic as well as the progress, or lack thereof, in my recovery since the Defendant terminated his care of me, several documents have been sworn as Declarations and append this my Affidavit.
THAT to date my ability to achieve medical solutions with respect to my disease and to pursue the within legal action has been exacerbated by the Defendant's persistent efforts to malign my person among the medical community in the City of Saskatoon, by the Defendant's efforts to interfere in other needed physician-patient relationships, and by the Defendant's efforts to confuse the medical history. I ask that he be restrained in future from all such communications regarding my character, integrity, and medical history.
THAT I make this Affidavit in response to the Defendant's application that the within action be dismissed with costs. In the event this Honourable Court should determine it advisable to set a time period within which I must proceed with the within action, I ask that I be given such time as is necessary to determine the full effect of my disease, and receive medical relief for my physical condition so that I have the strength to participate fully in the proceedings, as well as the information necessary to establish my claim.
THAT I also make this Affidavit in support of an order restraining the Defendant from communicating directly or indirectly with any physician I may consult with respect to my care and treatment except as may be expressly requested and authorized by myself.
THAT I further request the costs of the within application.
|SWORN BEFORE ME at the City||)||____________________|
|of Saskatoon, in the Province of||)||Georgena S. Sil|
|Saskatchewan, this 12th day||)|
|of December , A.D. 1988.||)|
|A COMMISSIONER FOR OATHS IN AND|
|FOR THE PROVINCE OF SASKATCHEWAN|
|– OR BEING A SOLICITOR –|
Tuum Est - It Is Up To You
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