Dr. Bex
speaker
498 appearances
7 recordings
1 series
first heard Nov 2024
last heard Jun 2025
Dr. Bex’s voice in public audio — every appearance, attributed to the second.
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Appearances
But at the same time, you're saying, but if they can eat, why are we doing it this way, right? I mean, like if they don't have a physiologic reason they can't eat, is it harmful to then not allow them to?
And so number four. So this is where we start getting into the question of Madison having the diagnosis of hypermobile Ehlers-Danlos, along with the other things we've spoken of. This one is now a violation of federal civil rights that they failed to provide adequate supervision, safety, security and health care to her.
And the idea that she was under the custody of the government at this time or under the custody of the County of San Diego. So now we're talking about the time from that shelter or detain order forward, which we don't have a lot of information about in the documentation.
But the idea that if the government has custody of a child, they owe them reasonable safety, minimally adequate care, and then also appropriate medical and mental health care, which I think should go without saying, but also it is stated. And I think...
We have talked about before when a child is in a hospital, I think that there've been times where they become less of an urgent priority to get them into placement elsewhere, like into a foster care situation, because a hospital is seen as a safe and healthy place for a child.
And so their argument is, I think that the defendants were aware of her true medical condition, which implying they list off, but hypermobile Ehlers-Danlos is at the top. And that they failed to investigate the actual cause, failed or refused to provide treatment. And then they do get into this use of unapproved and unauthorized hypnotic techniques to inject false memories.
So this plays into the whole sexual assault claims.
Correct. And I think this, yeah, this wouldn't have been available or information that was in the parents' complaints just because we didn't know this piece.
But I think it always makes me think, and this makes me think of the Kowalski case that Andrea and I covered a couple years ago, this idea that I looked up for myself, and as we said, we will probably speak, hopefully speak with an Ehlers-Danlos specialist, but kind of what the standard of treatment is. And it
it starts on patient education, lifestyle changes, teaching awareness of their own body, self-management techniques, physical therapy. It lists as the cornerstone of Ehlers-Danlos care. And then pain management, obviously starting with non-opioid pain medicines and so on. And then you start getting into kind of managing the coexisting conditions that come into Ehlers-Danlos. So
Those foundational things, to me, in most hospitalizations, those very basics are available, are being offered to a child. So again, because we don't have the medical records, I cannot speak to exactly what her treatment plan looked like. But to me, this feels a lot like where they were saying that Maya Kowalski was being treated as a Munchausen by proxy victim as opposed to a patient with CRPS.
Right.
Yep. One of the, we'll talk quickly about the Americans with Disability Act a little bit later where we talk, there are a few specifics mentioned, but I think this one as a physician really stuck out to me as it I kind of feel like if we are doing the standard of care, like does every child look forward to PT and OT every day? No, like there are times they may have pain after it.
So we have to talk about like, how can we make it work for them, make it work. But I still think that as long as you are following the standard of care, I guess at that point it becomes,
what if the parent thinks the care should be different and I put myself kind of in this in this position and I've thought about times I've been in it like a parent says they want a lumbar puncture to know for sure that something doesn't exist but in my medical opinion it does not exist based on my exam and that is a procedure I do not feel is warranted and I therefore won't do and
Can a parent make me do a procedure I don't want to do? You know what I mean? And where is that line of what if one specialist says, oh, do the lumbar puncture? OK, but what if what if I still don't know that in my experience that is standard of care?
I think these questions are going to come up more and more because there was a time when a parent wouldn't even know to come in and ask for a lumbar puncture. Frankly, you know, so now they know how do we navigate that? And that's what this I think what this claim really brought up for me as a physician was thinking about these things.
I think what we strive for, but it's getting harder and harder. I'm not going to lie. As a physician. Physicians do have to draw boundaries, you know.
So claim five and six both speak to this idea, kind of like what we were already talking about. But the first one is about in the creation of the case plan for Madison, that they should have been taking into account all elements of her medical condition.
and that she should have been aware of this case plan and kind of how these discussions went down as far as the case plan, meaning where we go from here, it sounds like. And then going into the Americans with Disability Act and the Vocational Rehabilitation Act, the idea that Madison had a disability and was she in any way kind of discriminated against based on that disability.
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