Mal-practise Lawsuits for misdiagnosing Lyme

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nefferdun
Veteran Member


Date Joined Feb 2008
Total Posts : 900
   Posted 12/19/2008 12:31 PM (GMT -6)   
I have never sued anyone before but I am angry about what has happened to me, how the doctors at a local hospital misdiagnosed me over and over, dismissed me when I told them I was bitten by a tick and even showed one of them the EM rash.  I believe I will be sick for the rest of my life with this.  It has affected my ability to think, feel, and do things.  Many other people out there are being misdiagnosed and it is terrifying to imagine what will become of them.  I had my records transferred to another doctor and all of my visits from Sept 2004 to Feb 2007 were omitted so there is nothing to verify what I am saying!  Meanwhile I am paying hundreds of dollars every month (not covered by insurance) trying to get well.  Some of you have paid tens of thousands of dollars and will continue to do so.  It just isn't fair.
 
My cognitive function is so low I could not follow what was going on legally about lyme not being accepted as a chronic illness.  I get it now.  When they find out you have the disease, they give you a short course of ABX and pronounce you cured.  Then any other complaints are unrelated and even undiagnosed.  I could not understand how this affects insurance companies because they are still paying for some kind of treatment, which is usually making the person sicker needing more attention.  Keeping someone going with "MS" or "ALS" cannot be cheap.  I think it is more protective of mal practise suits against doctors.  Actually I don't know what it is about but it sure is crazy.  Why don't people bring suit against the medical community for being so stupid?

bablymers
Veteran Member


Date Joined Oct 2006
Total Posts : 1458
   Posted 12/19/2008 5:18 PM (GMT -6)   
Lack of time, lack of money, lack of energy, lack of "brain power" etc. etc. etc. The battle of getting our health back takes all of our resources------plus the "deck is stacked" against us. It would require the healthy, wealthy, and wise family member of a sick lymer to get the job done, with the help of a "llatty" (lyme literate attorney)!!

studeski
Regular Member


Date Joined Dec 2007
Total Posts : 62
   Posted 12/19/2008 5:32 PM (GMT -6)   
As long as the doctors follow the guidelines of the CDC and IDSA you can't touch them. I really feel for you because my wife is in the same boat. She got 2 weeks of Doxy 5 years ago and they say that's all she needs. Right now she can't even compose a sentence much less type one.

Claude

Dowa
Veteran Member


Date Joined Sep 2008
Total Posts : 1120
   Posted 12/19/2008 6:38 PM (GMT -6)   
It is my  hope that with the movies coming out about  LD and more and more people are correctly diagnosed, that maybe some day this will all change. Yes, I'm an optimist. (: But we can't lose hope, it is really all we have left....D

nefferdun
Veteran Member


Date Joined Feb 2008
Total Posts : 900
   Posted 12/20/2008 9:04 AM (GMT -6)   
What are the guidelines of the CDC and the IDSA? I think the problems is the chronic stage of the disease is not recognised so according to that mind set, a short course of ABX cures it and everything else that occurs is unrelated. So even if I had the records to prove I was misdiagnosed with an EM rash (that is diagnostic evidence of disease), it would be argued that having received ABX, I am now cured.
My low brain function and other problems is age related. No one can verify that I even have any other problems. How do you measure muscle spasms, cramps, pins and needles, tiredness. . . . . You are just a hypochondriac.
The only thing that might help is a test, but they would argue tests are often false positive as well as false negative or that you have been reinfected (in a state where it "doesn't exist?"). This is just another example of the shocking injustice that is happening to everyone today .

Claude, I am glad you are aware and helping your wife recover.

studeski
Regular Member


Date Joined Dec 2007
Total Posts : 62
   Posted 12/20/2008 9:28 AM (GMT -6)   
Let's just say that I am trying to help my wife recover. Things aren't looking too good right now. Check my posts here: http://www.healingwell.com/community/default.aspx?f=30&m=1200423

Claude

nefferdun
Veteran Member


Date Joined Feb 2008
Total Posts : 900
   Posted 12/20/2008 10:14 AM (GMT -6)   
I know she is very sick. I remember some of your posts and feel for both of you. Sending good thoughts and prayers your way.

Keeping the Faith
Regular Member


Date Joined Nov 2008
Total Posts : 77
   Posted 12/20/2008 11:49 AM (GMT -6)   
I am very angry over the misdiagnosing that doctors are famous for when you know in your heart you are dealing with lyme.  My 16 year old daughter was in and out of the hospital six times from July 08 to September 08 with symptoms that were clearly lyme.  However, her blood work constantly came back negative for lyme.  I can remember a team of 15 doctors in her room at once making their rounds and my discussing the probability that this was lyme with them.  The look on their face was pure ignorance, even the infectious disease doctor, and they all denied that it could be that.  Their final diagnosis was that she needed to see a psychiatrist and that something in her life was stressing her out, and that was why she was feeling the way she was.  Also, they said she would not have such an awkward gait if it were lyme, and that she would have tested positive by now.  Even our own pediatrician (now dismissed) told us that she was "imagining" that she had lyme and that she could walk but chose not to do so.  Thank God we got in to see Dr. J in New Haven, CT.   My husband also wants to sue the pediatrician, but the truth of the matter is that she did run the tests but they came back negative.  She is only negligent of dismissing her as crazy and not pursuing more testing (i.e. neurological, rheumatological, further blood work, etc.).  She made sure she did enough to cover her behind.  So what we decided to do was send her a certified letter stating how disappointed we were with her and let her know a few other things in a professional way.  My daughter also wrote her own letter.  I also sent letters to other specialists that saw her and dismissed her as "crazy", letting all of them know that she did have lyme and also babesiosis so they should probably educate themselves quite a bit more on the topic because there most certainly will be more patients that they come across with the same symptoms.  It would be unfortunate to have other children suffer because they chose not to educate themselves further.  This was our way of "closure" on the wrongdoing that went on because we won't get any where with the legal system, and will spend more money than we have on trying to prove our case.  We certainly need all of this money to get her better.  You are not alone in your "angry" feelings.  Keep communicating through forums like this and with everyone you come in contact with and it is so gratifying to know that we can help each other through this difficult time.  I wish all of you a speedy recovery and a happy holiday season. 

Dowa
Veteran Member


Date Joined Sep 2008
Total Posts : 1120
   Posted 12/20/2008 1:19 PM (GMT -6)   
Keeping: May I ask, how did Dr. J confirm the diagnosis for you daughter if she tested negative , by her symptoms only?? I am still trying to get diagnosed... thanks   D

Keeping the Faith
Regular Member


Date Joined Nov 2008
Total Posts : 77
   Posted 12/20/2008 1:52 PM (GMT -6)   
I actually didn't give all of the info in the message because it is too lengthy. When we left our pediatrician, we went to a lovely internal medicine doctor who was very sympathetic to our issues. At the time, we had another lyme test in the works. The pediatrician had started my daughter on doxy because she thought she had ehrlichiosis which ended up negative. She was getting better while on it, but because she didn't get 100% better, she took her off it. Once she was off it she went down to a squatting position for posture, and has never been able to stand yet. So since she was doing good on the doxy, the new doctor kept her on it. I had asked the internist if she would do a western blot test for us and she agreed. Well that came back positive. From there I contacted Dr. J and we saw him on 10/31/08. He went over the results, examined her, and diagnosed her with lyme definitely, but thought she had bartonella. He drew more blood, but those tests came back showing babesia. So since 11/21 she has been on the babesia meds, but since 10/31 she has been on a new regimen of meds which had eliminated doxy. The IgeneX lab and Clongen lab confirmed all findings. If you go to a lyme literate doctor, they ususally diagnose you clinically, then follow up with the specialty lab tests. We were getting no where with regular doctors and hospitals. So far there has been no improvement, but Dr. J has said numerous times that she will get 100% better and walk again, but it will take six to 12 months. We also saw an infectious disease doctor at Mass General who said he agreed with Dr. J's findings, but if he had seen her first, he would have put her on the IV for four to six weeks. That is the most he treats for the illness. I wasn't so happy with limited treatment time, so we are staying with Dr. J. He is the best for children. God bless him! Lisa

hopingToFindCure
Veteran Member


Date Joined Nov 2008
Total Posts : 759
   Posted 12/20/2008 8:02 PM (GMT -6)   
I was diagnosed as a crack pot recently.

I hated hearing it, disagree respecfully, but I learned a few things too.

For one, there's no magic bullet. For another, there's good days and bad. Over time, more good than bad. And my hope is ultimately all good / normal.

This tends to be the course of chronic lyme disease! Not fun at all.

Keep trying things. Find out what works what doesn't. Like one of the docs told me -- use the spaghetti between your ears -- just as good as anyone else's!

Keep believing. There may be some tough days ahead. Oh and like another doc told me -- channel that anger into beating Lyme!!!

bablymers
Veteran Member


Date Joined Oct 2006
Total Posts : 1458
   Posted 12/22/2008 2:11 AM (GMT -6)   
Hi Keeping the Faith! Bravo on the letter writing!! I have "dreamed" of doing this but never had the energy or time to do it!! It was so fun to hear you actually did it and fought back in such an educational way!! Best wishes for complete healing.
bablymers mom

Keeping the Faith
Regular Member


Date Joined Nov 2008
Total Posts : 77
   Posted 12/22/2008 7:33 AM (GMT -6)   
A couple of people have told me in the past to write down your feelings, that it is a part of releasing and moving on, so I thought why not do it in this instance.  I still have to write to the doctors at the hospital.  I really wanted to have this done by the end of 2008 because I want 2009 to be her healing year.  It takes so much out of you, though, to keep rehashing what you have been through. What kills me is that they still wanted their co-pays, especially the hospital, even though they didn't do anything to help you!!!  So if we can't be successful in a lawsuit, at least we can let them know that they don't know everything, and we can make them feel inadequate in some way.

hopingToFindCure
Veteran Member


Date Joined Nov 2008
Total Posts : 759
   Posted 12/23/2008 8:28 AM (GMT -6)   
I am too chicken to send the letter I wrote. BUT, the hospital sent me a questionnaire. I will answer as objectively as possible.

I left w/ my tail between my legs!!!

ouch

Keeping the Faith
Regular Member


Date Joined Nov 2008
Total Posts : 77
   Posted 12/23/2008 10:12 AM (GMT -6)   
Don't be afraid . . . you have nothing to lose at all. Once you do it, it is really helpful psychologically for you -- it's like you are releasing all of that wrongdoing and putting it on their shoulders to deal with. Now I know that we will never know their reaction, but we can think that we will help the next person who crosses their path. Afterall, that is what we want to do -- raise awareness -- and hopefully some day this ignorance will be a thing of the past.

*Bella*
Veteran Member


Date Joined Jan 2007
Total Posts : 1254
   Posted 12/23/2008 10:52 AM (GMT -6)   
I have always wanted to sue the doctors that misdiagnosed me, especially the one who, upon hearing my earliest symptoms said "You have Lyme Disease!" and then tested me for it. When it was negative, she claimed the testing was accurate and then told me I had everything from Trigeminal Neuralgia to Fibromyalgia. She threw some Cymbalta at me, and sent me on my way. Thankfully, I had the good sense not to take them. Who in their right mind thinks that a previous very healthy 23 year old just happens to come down with Fibromyalgia suddenly.

Had I gotten on antibiotics then, I am certain I would not still be fighting this battle. It was highly irresponsible for her, someone who "had" Lyme, to not be up to date on the inaccuracies of the testing.

Keeping the Faith
Regular Member


Date Joined Nov 2008
Total Posts : 77
   Posted 12/23/2008 12:33 PM (GMT -6)   
I know how you feel.  My daughter was walking while our then pediatrician had her on doxy for what she thought was Ehrlichiosis.  She was getting better, but because she wasn't 100% within 10 days, she took her off of it.  Four days after that she stopped walking and here we are today, trying to get back what she had.  Now we have this long road ahead of us.  Oh what I could do if there were no laws! 

JELAINEP
Veteran Member


Date Joined Sep 2007
Total Posts : 2017
   Posted 1/3/2009 9:22 AM (GMT -6)   
My step-nephew is a new doctor. He works at a DC hospital. He told me anyone presenting with symptoms of LD MUST be tested... otherwise it's mal-practice. See an attorney asap... usually they will hear you out for free before making a decision on whether you have a case or not.
Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has.  - Margaret Meade
06/00- The beginning, 08/01-LD positive, 10/01- Igenex and CDC LD positive, 10/02-LD positive, 11/03-LD positive, 10/07-Bartonella positive, CD57=3 Current Rx's 11/12/08: Wellbutrin 300mg, Paxil 60mg, Xanax 5mg, Rozerem 8mg, Darvocet, Acidophilus, Rifampin 600mg, Levaquin 500mg, Lyrica 150 to 300mg, Skelexa, Restoril
Medicare/SSDI theme song - http://www.youtube.com/watch?v=bd2B6SjMh_w 
"How much more can I take?", songhttp://www.youtube.com/watch?v=5gHiR1xeOSs
 


nefferdun
Veteran Member


Date Joined Feb 2008
Total Posts : 900
   Posted 1/3/2009 12:48 PM (GMT -6)   
I have heard it is mal practise to not treat a person presenting the EM rash. I had one when I saw the doctor and mentioned it several times later. He dismissed at as a spider bite and later said, "Did it cover your whole body?. . (no).. . Did you have a fever over 106?. . (no). . .Then you did not have Rocky Mt Spotted Fever and that is the only disease ticks in Montana carry". I saw 3 doctors from the same hospital and one of them at least three times. As I think I said, my records were removed for over two years so there was nothing in there about my tick bite.
To emphasise just how stupid all of this is - Rocky Mt Lab is located 1/2 mile from the hospital and works in close proximity with the hospital because the lab contains some of the most deadly pathogens known to man. It did much of the original research on lyme and is currently doing research on the strain carried by wood ticks in Montana. One of the worst locations for the disease is at a nearby popular lake. The hospital is supposed to be ready in case of an accident at the lab - a release into the community of something deadly like Ebola or Anthrax. Someone whose husband works at the lab said they were warned when they moved into the area to be aware of the danger of tick bites - Yet the stupid hospital and lab are not communicating with each other. I was told over and over that there is no lyme disease (or anything like it) in this state. Other people are literally dying. I was one of the lucky ones.

This is just unbelievable.

nefferdun
Veteran Member


Date Joined Feb 2008
Total Posts : 900
   Posted 1/4/2009 11:08 AM (GMT -6)   
KeepHope, in your case you could contact an attorny and just ask. They usually offer a free consultation.
They might even consider taking your case with a percentage of damages if you win. There is a book I bought on Amazon.com of Best Lawyers in America - I got the 2005 edition for less than $20. If you contact a really good attorney, like one of those (listed by state), then you can trust their opinion. He can tell you what to do about your records so the information is not removed - but you are lucky that the lab will also have a copy.
By the way, there is also a book Best Doctors in America. I just ordered that one too.

Good luck. I hope you can do something for all of us out here who can't!!
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