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Legal matters

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Doctor refusing to treat me what are my rights

128 replies

MysteryMoose · 07/01/2023 13:23

Hi I'm not really sure what info to put here but I need help with my legal rights.

Basically my mental health collapsed in September. I was very depressed. GP referred to Mental health. Mental health bounced me back to GP. Went to GP. They put me on Citalopram and referred back to MH. Within 2 weeks I was having a manic episode and have been struggling with mixed mania (feeling like life is pointless but all the energy of mania) ever since. Community MH refused to treat. Left me in that state for 6 weeks. They bounced me to perinatal who bounced me back to MH as my daughter was approaching age 1.
Now SS are involved. MH still refusing to give me the "proper" amount of antipsychotics, they have me on a joke dose (5mg olanzapine) that isn't controlling the issue, and they are refusing to give me my ADHD medication because I'm breastfeeding.

I have a letter from the perinatal psychiatrist saying that the "benefit outweighs the risk" and recommending that I start ADHD meds back in October but MH said "that's just a recommendation".

I have never been a self harmer but I've been suicidally manic since October and have now attempted to end it 7 times. Crisis team bounced back to CMH, CMH still refusing to take responsibility or actually do anything.

I have racked up £12,000 worth of debt from the mania, had arguments in the street with my husband (I have never had an argument in my life before, I'm usually very quiet), and harmed myself.

Legally, if they are refusing to treat, surely they have to refer me to someone who will, right? Article 3 of the human rights act says I can't be subject to inhuman or degrading treatment including witholding medication and other neglect, but how does that translate to actually getting someone to do something about this? I am trying to stop breastfeeding but as the perinatal psychiatrist noted, without that ADHD medication I just can't organise feeding times.

Additionally, they have said that if I do come back to them and say I've stopped breastfeeding, they want a signed letter from my husband saying I really have, and they have also said they will want to test my prolactin levels (despite the fact these are unlikely to go back to normal for at least 6 months to 1 year even if I wasn't on olanzapine). I have capacity. I asked if a man had ADHD and bipolar would they ask a man's wife to sign a letter like this and they just blustered. It was humiliating and infantilizing as all fuck.

I'd like to add that according to Lactmed, the medication itself isn't contraindicated for breastfeeding and serum levels are undetectable: www.ncbi.nlm.nih.gov/books/NBK501310/
www.ncbi.nlm.nih.gov/books/NBK501056/

OP posts:
MysteryMoose · 07/01/2023 13:24

(I should add I have a dual diagnosis of ADHD and bipolar disorder, both from robust assessments)

OP posts:
Letitrainletitrainletitrain · 07/01/2023 13:31

I wonder if you would find it useful to get an advocate to help you. There are independent mental health advocates who can help?

www.rethink.org/advice-and-information/rights-restrictions/rights-and-restrictions/advocacy/

MysteryMoose · 07/01/2023 13:37

@Letitrainletitrainletitrain thanks but it's not that I am struggling to get my point across to them, it's that they're refusing to do anything about it despite overwhelming information showing they are wrong. Additionally there are no advocates in my area. The whole reason SS is involved is to try to legally compel CMH to do something because doing nothing has put my children at risk.

OP posts:
Heisenjurg · 07/01/2023 13:53

Honestly, you can either keep fighting, which will take time it doesn’t sound you have, and may or may not get you the help you need, or go private… It’s not right, you shouldn’t have to, and the state of mental health services is shocking, but that’s the only way I can see you getting the help you need before something goes terribly wrong…

Check your work health insurance, if you have one? They won’t cover existing conditions but mine includes free and quick access to counselling, which might help a bit…

Relocatiorelocation · 07/01/2023 14:04

Kindly, why not just stop breastfeeding? Any benefit of breast feeding will be greatly outweighed by a manic mother wo is racking up loads of debt. If you continue to escalate then the SS involvement could become greater. Your child is nearly 1, so canis presumably weaning?

MysteryMoose · 07/01/2023 14:05

@Heisenjurg thanks I tried enquiring about going private with my previous psychiatrist who diagnosed my ADHD, but the waiting list for ADHD meds is 18 weeks. I don't have a job as I'm unable to work.

OP posts:
MysteryMoose · 07/01/2023 14:06

@Relocatiorelocation as I said in the OP, as the perinatal psychiatrist noted, without that ADHD medication I just can't organise feeding times.

OP posts:
MysteryMoose · 07/01/2023 14:13

I've been trying and failing to stop for the last 6 months and I just can't sort it out. Washing bottles. Making formula according to instructions. Making sure milk is in date before feeding to child. Remembering feeding times. Night feeds. I am trying my best and I can't do it on top of keeping them clean and played with and remembering to shower and all the other stuff that executive dysfunction wrecks even without adding bipolar into the mix.

I posted in legal matters as I'd like to know the legal standpoint on whether it's legal for them to not prescribe my medication (or refer me to someone who will) with a 4-6 week crossover period while I stop BF for medication that is undetectable in breastmilk. I know with C section you have a right to a C-section and if the consultant refuses, they have to refer you to a hospital who will do it, and am wondering if, in this situation, I have a right to receive medical treatment for my life-threatening conditions that are endangering myself and my baby. I can't find anything online one way or the other.

OP posts:
spidersenses · 07/01/2023 14:13

@MysteryMoose I have no suggestions, I wish I did, but i didn't want to read and not post. I'm so sorry this is happening to you. This is just so awful and unacceptable.

MysteryMoose · 07/01/2023 14:19

@spidersenses thank you it means a lot that someone cares, it sometimes feels like everyone thinks you can just switch off breastfeeding and it's that simple.

OP posts:
GreyGoose1980 · 07/01/2023 14:23

Op I wouldn’t normally comment on how someone feeds their baby but as it’s impacting so much on your meds, could you move on to the pre made up bottles of formula milk. It’s so simple to use. It is more expensive but presumably your 12 month old isn’t having large amounts now.

ManyNameChanges · 07/01/2023 14:26

GreyGoose1980 · 07/01/2023 14:23

Op I wouldn’t normally comment on how someone feeds their baby but as it’s impacting so much on your meds, could you move on to the pre made up bottles of formula milk. It’s so simple to use. It is more expensive but presumably your 12 month old isn’t having large amounts now.

I’d suggest your the OP post which shows it is not as simply as stopping bfing.
But that actually she would put her child risk fur not making the bottle orderly because her mania isn’t controlled.

If it was as simple as stopping bfing, im sure the perinatal would have strongly suggested that….

SweetSakura · 07/01/2023 14:26

I really mean this kindly, having been in a similar place myself, but you do need to stop breastfeeding. I know it will be hard, I get the whole practical challenge. But it's the right step to take now.

Your legal rights in this field would be heavily filtered through the advice of medical experts. So listen to what they are telling you.

Robostripes · 07/01/2023 14:27

If your DD is nearly a year she can have cow’s milk. Bottles don’t need to be sterilised anymore, they can go through the dishwasher or washed in hot soapy water if you don’t have one. Just make sure you have plenty of bottles and sippy cups available so there’s always a clean one round when you need it. A 1 year old doesn’t need to have bottles on a strict schedule either - by 1 I think mine was having normal meals and a bottle morning, night and sometimes one in the afternoon.

ManyNameChanges · 07/01/2023 14:28

@MysteryMoose im afraid I don’t know about the legal side either. I wish I could direct you to the right place. The care or rather lack of is appauling.

I imagine you’ve gone through PALS already?

My worry with going diet the legal route is that it will be expensive and a lengthy process p, worse than going private.

Letitrainletitrainletitrain · 07/01/2023 14:30

MysteryMoose · 07/01/2023 13:37

@Letitrainletitrainletitrain thanks but it's not that I am struggling to get my point across to them, it's that they're refusing to do anything about it despite overwhelming information showing they are wrong. Additionally there are no advocates in my area. The whole reason SS is involved is to try to legally compel CMH to do something because doing nothing has put my children at risk.

Ah fair enough if there were none in your area. I wasn't very clear but I wasn't necessarily suggesting you needed an advocate, but that maybe you would be better listened to with an advocate? Not that you should have to do that

Heisenjurg · 07/01/2023 14:31

MysteryMoose · 07/01/2023 14:05

@Heisenjurg thanks I tried enquiring about going private with my previous psychiatrist who diagnosed my ADHD, but the waiting list for ADHD meds is 18 weeks. I don't have a job as I'm unable to work.

Mine is a one woman outfit and has really good availability - DM me if you want details

Theunamedcat · 07/01/2023 14:32

How is your husband helping you? Why is it all on you to arrange bottles etc?

bellac11 · 07/01/2023 14:34

Presumably if you werent breastfeeding then the medication would be prescribed making it easier for you to focus on the bottle routine, but equally as another poster asks 'what is the father doing'

LIZS · 07/01/2023 14:36

There are ways around the feeding practicalities - ready made/full fat, alarms, support from h, reduced need for drinking milk at a year. It seems strange that there are no ss concerns about your uncontrolled mh issues impacting the baby if you are normally caring for them alone much of the time.

Aleaiactaest · 07/01/2023 14:36

Why is your husband not weaning the baby onto cow’s milk in a sippy cup? It is probably further exhausting you physically and mentally to still be breastfeeding? I would just go cold turkey and pump and bin to avoid mastitis now. Then go back to the doctor.
Mental health provision is shocking at the moment! So sorry you are going through this. A friend had similar but luckily her husband is rich and bought the medication privately.

titchy · 07/01/2023 14:37

But that actually she would put her child risk fur not making the bottle orderly because her mania isn’t controlled.

Her dc is a year old though. They don't need bottles making up properly. Normal cows milk from the supermarket poured into a beaker is fine now.

turbonerd · 07/01/2023 14:39

Re stopping breastfeeding and organising bottles: could you buy ready made formula milk for the bottles for your baby?
I had similar issues many moons ago regarding not being able to organise powder formula feeding (or much else for that matter), with my youngest (now 12).
what saved me was to fork out on ready made formula/baby milk (from Hippo I think it was).

I do hope you can have someone help you access the medication you need.

SusiePevensie · 07/01/2023 14:39

Yes. At one kid should be fine on normal milk?

Ohhmydays · 07/01/2023 14:39

Theunamedcat · 07/01/2023 14:32

How is your husband helping you? Why is it all on you to arrange bottles etc?

I was thinking this too. Surely he could be taking a few weeks holiday from work to help with weening the baby off breast milk so you can get the medication you need. Because how it reads is he isn’t exactly helping in the situation