malpractice and Lyme?

[Guest guest]

I was diagnosed with MS in March or April of 2004. Since then I've

lost pretty much my entire life. Every bit of data that is coming in

such as a Fry Labs and IgeneX tests,is pointing towards Lyme. Does

anyone ever sue their first diagnosis and recover some monies from a

lost career?

The message database has 200 or so matches for malpractice and none of

them seem to exactly match what I'm looking for.

[Guest guest]

My understanding is that if there were ever a successful case that it would

have to be a group effort AND you must be able to prove negligence on the part

of the attending Physician.

In Canada, there was the case of Hemophiliacs who were infected with HepC and

HIV/Aids through tainted blood products from what is now called the " Canadian

Blood Supply " . It took over 10-years for a judgement that many didn't live to

see, and then the sharing of money among those infected. A key to their case was

that there was a test available in the world that the Red Cross chose not to use

that would have shown tainted blood products.

Another case was when Pharmaceutical companies shifted products out of North

America that were also tainted… its proving that they KNEW there was a problem

with their products and that they were moving it to markets that had looser laws

and the chance of recovery of their bottom line. :-(

In the case of Lyme Disease and its many co-infections… the best diagnosis is

still ‘clinical’. No-one can agree on tests and there isn’t a test that is 100%

accurate.

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[Guest guest]

>

Shoot, here I was getting all excited and contemplating on having my

physical capacity test (all day test at physical therapy place) to

have an official documentation of my lousy physical shape. Then in my

delusional thinking if I got any better, do the test again to show how

much better whatever therapy made me.

In the end, my MS diagnosis might very well be an incorrect diagnosis.

I'm sure incorrect diagnosises (plural) have been done on cancer and

things like that. Do folks get sued for those?

Maybe tomorrow I'll talk with my social security disability attorney

and see what he says?

> My understanding is that if there were ever a successful case that

it would have to be a group effort AND you must be able to prove

negligence on the part of the attending Physician.

[Guest guest]

In my fantasies, I am suing so many docs I don't have time to do anything

else.?? I can not describe with any dignity, the stupidity I have encountered

and continue to encounter.? Since taking medical matters into my own hands, life

has been great.? I don't want their bad medicine anyhow, it doesn't work worth

beans, has too many side effects, and the docs think they know everything, but

don't know much at all.? It's beyond believable.? I wish America was so flooded

with lawsuits that the docs would fear us more than the big companies, but they

don't.? Thus, we get treated like contributors to their paychecks and nothing

more.? What makes me the most angry about docs is they look you in the eyes and

say " I am certain you don't have this or etc. " ? Well, they may have been certain

in their mind, but not in reality.?

I would not sue unless the lawyer only gets paid if and when you win the case

because there are reasons there are lot of insulting, bad things said about

lawyers.? They will lie and ask for a lot more money than what they originally

told you.

Heidi N

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[Guest guest]

The suit in my mind is to Mayo Clinic - what a commotion that would be!!!!

I was misdaignosed 5 times. My husband jjust went through 3 misdaignosis

with late chronic lyme ---- that doesn't exist.

GRRRRRRRRRRRRRR

Ann

-- Re: [ ] Re:malpractice and Lyme?

I'm in agreement with ya....

[ ] Re:malpractice and Lyme?

In my fantasies, I am suing so many docs I don't have time to do anything

else.?? I can not describe with any dignity, the stupidity I have

encountered and continue to encounter.? Since taking medical matters into my

own hands, life has been great.? I don't want their bad medicine anyhow, it

doesn't work worth beans, has too many side effects, and the docs think they

know everything, but don't know much at all.? It's beyond believable.? I

wish America was so flooded with lawsuits that the docs would fear us more

than the big companies, but they don't.? Thus, we get treated like

contributors to their paychecks and nothing more.? What makes me the most

angry about docs is they look you in the eyes and say " I am certain you don

t have this or etc. " ? Well, they may have been certain in their mind, but

not in reality.?

I would not sue unless the lawyer only gets paid if and when you win the

case because there are reasons there are lot of insulting, bad things said

about lawyers.? They will lie and ask for a lot more money than what they

originally told you.

Heidi N

__________________________________________________________

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aol.com

[Guest guest]

Yeah, I really can't believe there could be such a thing as

a " frivolous " law suit against a doctor. But the best law suit would

be where there are substantial damages that can be proven. For the

Mayo clinic there should be enough crime that a class action suit

would be approppriate. A lawyer could seek people out. Merlyn

>

> The suit in my mind is to Mayo Clinic - what a commotion that would

be!!!!

> I was misdaignosed 5 times. My husband jjust went through 3

misdaignosis

> with late chronic lyme ---- that doesn't exist.

> GRRRRRRRRRRRRRR

> Ann

>

[Guest guest]

I'm in agreement with ya....

[ ] Re:malpractice and Lyme?

In my fantasies, I am suing so many docs I don't have time to do anything

else.?? I can not describe with any dignity, the stupidity I have encountered

and continue to encounter.? Since taking medical matters into my own hands, life

has been great.? I don't want their bad medicine anyhow, it doesn't work worth

beans, has too many side effects, and the docs think they know everything, but

don't know much at all.? It's beyond believable.? I wish America was so flooded

with lawsuits that the docs would fear us more than the big companies, but they

don't.? Thus, we get treated like contributors to their paychecks and nothing

more.? What makes me the most angry about docs is they look you in the eyes and

say " I am certain you don't have this or etc. " ? Well, they may have been certain

in their mind, but not in reality.?

I would not sue unless the lawyer only gets paid if and when you win the case

because there are reasons there are lot of insulting, bad things said about

lawyers.? They will lie and ask for a lot more money than what they originally

told you.

Heidi N

__________________________________________________________

More new features than ever. Check out the new AOL Mail ! -

http://webmail.aol.com

[Guest guest]

Hi---I very rarely post, but had to jump in here. I have sought legal

advice and brought a suit to court with a surgeon. He burned my

ureter (the tube that connects your kidney to your bladder) last year

when he very slopily took out my ovary. I had to have 8 subsiquent

surgeries, my bladder eventually moved and sewn to my psoas muscle,

and my ureter was cut in half and reimplanted into the bladder. I now

have a refluxing ureter and chronic pain that did not exist before this.

The case was eventually dropped because it is too difficult to sue.

You sign away all your rights when you go into the OR. everything is

considered a " known risk " to surgery. Even death, even if it was from

a medical mistake.

I didnt have a case even though other doctors were clear how this all

happened and would be more than willing to stand up in court. I even

have a video of the procedure that clearly shows he practiced below

the standard of care. It shows the ovary exploding when he tried to

take it out of the incision that was too small.

Those are the key terms---below the standard of care. In malpractice

you must prove the doc practiced below the acceptable standard of

care. Since there is not any truly acceptable standard of care in the

diagnosis and treatment of lyme, we wont be able to prove they

practiced beneath it.

This is just my experience.

Hope you all have a pain free day,

> >

>

[Guest guest]

I wonder if going after their license might be a path to take? That

> Hi---I very rarely post, but had to jump in here. I have sought legal

> advice and brought a suit to court with a surgeon. He burned my

> ureter (the tube that connects your kidney to your bladder) last year

> when he very slopily took out my ovary. I had to have 8 subsiquent

> surgeries, my bladder eventually moved and sewn to my psoas muscle,

> and my ureter was cut in half and reimplanted into the bladder. I now

> have a refluxing ureter and chronic pain that did not exist before

this.........

>

[Guest guest]

, what a terrible experience. I am so sorry.

You are right about malpractice lawsuits for Lyme - it is almost

impossible to prove when the IDSA standard of care is, in one LLMD's

words, " officially sanctioned medical neglect. "

Phyllis Mervine

CALDA

[Guest guest]

Yes, so true to win.. sorry about your experience..

[ ] Re:malpractice and Lyme?

Hi---I very rarely post, but had to jump in here. I have sought legal

advice and brought a suit to court with a surgeon. He burned my

ureter (the tube that connects your kidney to your bladder) last year

when he very slopily took out my ovary. I had to have 8 subsiquent

surgeries, my bladder eventually moved and sewn to my psoas muscle,

and my ureter was cut in half and reimplanted into the bladder. I now

have a refluxing ureter and chronic pain that did not exist before this.

The case was eventually dropped because it is too difficult to sue.

You sign away all your rights when you go into the OR. everything is

considered a " known risk " to surgery. Even death, even if it was from

a medical mistake.

I didnt have a case even though other doctors were clear how this all

happened and would be more than willing to stand up in court. I even

have a video of the procedure that clearly shows he practiced below

the standard of care. It shows the ovary exploding when he tried to

take it out of the incision that was too small.

Those are the key terms---below the standard of care. In malpractice

you must prove the doc practiced below the acceptable standard of

care. Since there is not any truly acceptable standard of care in the

diagnosis and treatment of lyme, we wont be able to prove they

practiced beneath it.

This is just my experience.

Hope you all have a pain free day,

> >

>

[Guest guest]

You know what, that's an excellant idea.?? Make complaints to the applicable

state board of physician licensing.? They have too much time on their hands

anyhow, always chasing our lyme docs out of business.? That gets my vote.?? They

have complaint forms and everything.? Hit them where it really matters.? Even if

they are exonerated, it will make them think twice.

Heidi N

" I wonder if going after their license might be a path to take? "

________________________________________________________________________

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[Guest guest]

Thank you all for your compassion. It was my lyme friends that got me

through last year even though most of what I was dealing with was not

directly lyme related. Lymies are the most compassionate people I know.

Another thing I thought about later was that in CA there is a statute

of limitations for malpractice. only ONE year from when the injury

or issue BEGAN!! by the time one year was up for me, the initial

injury wasnt even close to being taken care of. This is, of course,

all in the interest of the medical profession---when you are healing

from a massive medical error, you can not get yourself together within

a year to sue them. Considering how long it takes to get a diag and

treatment for lyme, I cant imagine that one year would suffice to be

able to turn around and sue.

Lastly--in terms of going after their lisence: I havent gotten back

enough stamina to go forward with this full speed, but I have

investigated it. Again there is a statute of limitations---2 years

after injury. That will be this June for me, so I need to move on it

if I want to go with it. You have to be your own lawyer and present

all medical evidence. It is very draining.

Thank you all again. I didnt mean to be a bummer about the

malpractice part---just wanted to let you know how difficult it was

for me and that maybe our energy should be spent directed at things

that ARE accomplishable instead of those things that will just

frustrate us and drain us.

take care!

[Guest guest]

Exactly! We can beat out those non-Lyme believers by making Lyme awareness more

prominent and eventually make the non-believers the minority MD's! Why waste

time with them; their not worth the little energy we have left! When you are

able to recover enough to have some good energy, organize a local chapter of the

LDA, local support group, and/or a " Lymewalk " as the NY LDA is. Hang in there,

we Lymies will eventually get Lyme diease known for what it is by sticking

together.

Barbara

---- caseopiaA <caseopiaa@...> wrote:

> Thank you all for your compassion. It was my lyme friends that got me

> through last year even though most of what I was dealing with was not

> directly lyme related. Lymies are the most compassionate people I know.

>

> Another thing I thought about later was that in CA there is a statute

> of limitations for malpractice. only ONE year from when the injury

> or issue BEGAN!! by the time one year was up for me, the initial

> injury wasnt even close to being taken care of. This is, of course,

> all in the interest of the medical profession---when you are healing

> from a massive medical error, you can not get yourself together within

> a year to sue them. Considering how long it takes to get a diag and

> treatment for lyme, I cant imagine that one year would suffice to be

> able to turn around and sue.

>

> Lastly--in terms of going after their lisence: I havent gotten back

> enough stamina to go forward with this full speed, but I have

> investigated it. Again there is a statute of limitations---2 years

> after injury. That will be this June for me, so I need to move on it

> if I want to go with it. You have to be your own lawyer and present

> all medical evidence. It is very draining.

>

> Thank you all again. I didnt mean to be a bummer about the

> malpractice part---just wanted to let you know how difficult it was

> for me and that maybe our energy should be spent directed at things

> that ARE accomplishable instead of those things that will just

> frustrate us and drain us.

>

> take care!

>

>

>

[Guest guest]

At one time about six years ago our group MIBDEC had legal complaint packets for

patients wishing to complain about their doctors to their State Health

Departments. The main concern is to be able to show a worsening of health by

negligence or inaction.

Most doctors are protected leagally by the " Local Standard of Care " doctrine.

But more than three of the same complaint against the same doctor in most

states demands action by the Health department to investigate the patient

claims. TOM

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