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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 12:35 PM
Original message
What would you do? Legal minds encouraged to chime in.
Disclaimer: I'm not seeking advice here, in lieu of professional legal services. I'm just hoping to tap some DU smarts.

I have a friend who has recently developed some breathing problems and has been put on oxygen. The oxygen tanks are brought to her home. The following is her report of an encounter she had with the oxygen delivery man, during what I assume was the first delivery of tanks. I have edited her account only to remove identifying information and to correct typos and punctuation errors:

First, he came in and made negative remarks about the "Proud to be a Democrat" bumper sticker on my truck. Stating, "Here is how you make a Democrat," he took the oxygen hose and pinched it, laughing (it wasn't hooked up to me yet). Then, he said, "I hope you're not one of those Rosie O'Donnell lovers who thinks that Bush had something to do with 9/11."

Then, he stated, "Well, I don't care if they kill off all the Muslims and I get pissed off about the all of the illegals coming in our country. I don't think they should be letting all the Mexicans in America. There are bunches of them using up our medical services, and they live in the rich area of town, in good houses. I know. I see them every day. They are spending 6 million dollars a day on them in hospitals across the country. I know because I deliver oxygen to them." He pointed to the state-sponsored health care paperwork he brought and said, "All these people are getting all this free."

He then asked who my doctor was. When I told him, he said, "Oh, him. It figures. He's another one they let come over from India and do way too much for the patients. He prescribes oxygen way too much. He gives it to people just to make them feel better or just to make it look like he is doing a lot of work and look like he actually cares. And they don't need it."

He also was not willing to give me more than ten tanks of oxygen even after I told him I am active and may use up to two a day when I'm out and about. (I later learned that a person can have as much oxygen as they require, that it isn't limited, and the contract doesn't charge more for more cylinders.)

He then stated, "I was in the military for 30 years and I think it's treason for people to put down the president in war time." He also said he had written a letter to the editor about his thoughts on all of this and told me he was going to bring it for me to read next time.


Her girlfriend was there when all of the above took place, so she has a witness. Also, she did call the delivery company and report this guy.

This whole thing has caused her some significant distress. She has asked that he not be sent back to her home but she doesn't know if her request will be honored. Additionally, she has told me that she's now afraid of what this guy might do to her and her girlfriend, if he is disciplined by the company. All she wanted was her oxygen and to be treated with dignity. Now, she's fearful, and she feels that she has been violated in her own home.

DU has so many smart and compassionate members that I told her I would throw it out here and see what you all think.

Thanks.
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DU9598 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 12:41 PM
Response to Original message
1. Questions of importance
How does your friend pay for her oxygen ... does she have health insurance, VA, government, assistance, cash? That is the first question ... see if there is some other provider who could be reached.

Second, is there another provider in the locality to contact and contract with for the oxygen?
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 12:48 PM
Response to Reply #1
3. She's insured by the state-sponsored health care program.
I'll ask her to find out if there's a way to get the tanks through a different company. It may be, though, that this particular company has the state contract.
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Cerridwen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 12:45 PM
Response to Original message
2. My first thought...okay. my second thought after what a f(*k head,
is, I think she might want to report what he said about her doctor, TO her doctor. People are allowed an opinion, but I'm pretty sure this guy isn't licensed to practice medicine and/or determine the quality of medical care she's receiving from her physician. Perhaps her physician might be interested in applying a bit of pressure on the company for whom the aforementioned f)*k head works.

But, I'm not a lawyer - just another one of those goofy "liberals".

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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 12:54 PM
Response to Reply #2
5. That's an interesting thought.
She probably should let him know what the guy said. His words could be construed as an attempt to interfere with the doctor's business and, although I'm not a lawyer, either, I think that kind of behavior is probably actionable.
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Madspirit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 01:03 PM
Response to Reply #5
8. Cerridwen is Right
Tell her to tell the doctor. Doctors are really good at defending themselves and I am fairly sure her doctor would not appreciate oxygen man spreading crap about him. Also tell the oxygen company. I doubt they want their employees out proselytizing and bullying with their politics.

I wouldn't worry too much about retribution. Outspoken bullies are usually cowards. That said, still take precautions as much as possible.

Lee
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 02:06 PM
Response to Reply #8
11. So true, what you say about bullies being cowards.
Thanks! :thumbsup:
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Cerridwen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 01:10 PM
Response to Reply #5
9. Also, I noticed a post you made upthread that this company may
have a contract with the state. You can also contact the state agency responsible for that contract. Either the health service agency or the purchasing department of the state. You might need to make a couple of phones calls to find out the correct person. Be prepared to make many calls to find the decision maker.

Also, perhaps your friend has a state case worker for her health care? A case worker could be another point of contact.

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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 02:05 PM
Response to Reply #9
10. Great wisdom, Cerridwen!
I'm passing this thread along to her. You and the others have proven me right about DU. Thanks! :hi:
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Cerridwen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 02:08 PM
Response to Reply #10
12. Thank you. I'm glad to be of help.
Good luck to your friend!

:hi:

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Robbien Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 12:51 PM
Response to Original message
4. She should really write to the oxygen supply company
Not just call them, but write them also. Put everything that happened in writing. And send a copy of the letter to her doctor.

She should clearly state that the man frightened her.

I am also not a lawyer, just another DUer.
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 12:55 PM
Response to Reply #4
6. Good points.
I'm sharing all of this with her.

Thanks!
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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 12:58 PM
Response to Reply #4
7. before putting anything in writing be CERTAIN the girlfriend will back her up
otherwise she sets herself up for a potential lawsuit herself

i understand being frightened, but as a former victim of a stalker, i also know that friends have a way of disappearing when they are actually needed to testify

in fact it would be useful if the girlfriend also wrote a short note telling what she observed

i don't believe this psycho should be going into women's homes, often when people can't control their mouths it is a sign that they're going off the rails and heading into heavier insanity

he comes DAMN close to threatening her and for what, some bumper stickers he don't like?

he needs to be in another type of job that doesn't involve going into people's homes but the victim also needs to be very sure that she herself is protected and can't be successfully sued for lost income when he is fired
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 02:13 PM
Response to Reply #7
13. Good idea.
In this case, I'm confident that her gf will back her up but written documentation from both women is still important--there being strength in numbers. And, yes, I agree with what you're saying about threatening her. In fact, I think that his little oxygen hose "joke" was a thinly-veiled threat, specifically intended to frighten her.
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Tulum_Moon Donating Member (556 posts) Send PM | Profile | Ignore Mon Jul-23-07 02:51 PM
Response to Reply #13
14. This really happened?
What city? I am sure the police could have been called ASAP for that little pinched hose comment. Of all the repair persons, exterminators, gardeners, cable people and so on, not one has ever commented on my hate * decor. He is even on a dart board in the living room. I know they all were not Dems. The most I have had is a eye roll or two. This guy should be fired. Please encourage this to happen, most of his deliveries are to the elderly, weak and feeble. He must bully them something awful.
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 03:07 PM
Response to Reply #14
15. Yes, it really happened.
Edited on Mon Jul-23-07 03:08 PM by Unreconstructed Lib
Calling the cops is not something I would not have thought of, personally, but it's not unreasonable, at all. And, you are absolutely right in your observation that this man is in contact with many very feeble and elderly people. He has, in all likelihood, done this sort of thing many times before and become emboldened by their inability to fight him back.
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Tulum_Moon Donating Member (556 posts) Send PM | Profile | Ignore Mon Jul-23-07 03:16 PM
Response to Reply #15
16. Un-freaking believable!
Edited on Mon Jul-23-07 03:17 PM by Tulum_Moon
This kinda story makes me shudder. These goons bully old and sick people. He must be sadistic. I wonder how poor innocents he tortured during his 30 years of service to his country. Do we have more of this to look forward to in the future?
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 03:43 PM
Response to Reply #16
17. He probably does inflict real harm upon many old and ill people.
Edited on Mon Jul-23-07 03:44 PM by Unreconstructed Lib
War can turn good people bad and I fear that you're right: we will see an increase in similar pathologies. It's probably already happening.

Maybe it was the hell of some war that turned this oxygen delivery guy into a sadist but, in any case, he needs to be dealth with.
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 04:29 PM
Response to Original message
18. I'd like to give this a kick, if it's okay. I've gotten some great DU wisdom, so far.
And I'm hoping for more! Thanks!
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 05:25 PM
Response to Reply #18
19. ...
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Mon Jul-23-07 06:27 PM
Response to Original message
20. One more time.
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