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» LymeNet Flash » Questions and Discussion » Medical Questions » Malpractice Suit

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Author Topic: Malpractice Suit
Lisa1230
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I'm looking for a lyme literate attorney to pursue a malpractice case. Has anyone had any luck with consulting one?

[ 05-07-2009, 07:01 PM: Message edited by: Lisa1230 ]

Posts: 51 | From Connecticut | Registered: Sep 2008  |  IP: Logged | Report this post to a Moderator
Lymetoo
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I wish there WAS such a thing. Let us know what you find out!

--------------------
--Lymetutu--
Opinions, not medical advice!

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Keebler
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-

There may a few LL attys to help with disability claims or ADA workplace accommodations but it may be very hard to find one regarding malpractice . . .

because the IDSA's view of lyme is that it's no big deal. The CDC requirement is even more ridiculous so I honestly don't see how an attorney would have much support to back him/her up.

However, if you had CDC positive tests that would help. But, then the IDSA has a docuement somewhere (sorry I did not save that link) that says you must have all of these (not just one or a few, all):

1. CDC positive

2. positive CSF (lumbar puncture/spinal tap)

3. current bulls eye rash, AND

4 (I know there is a fourth requirement but I forget what it is - maybe a new tick attachment).

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Even will all that, treatment would not last more than a couple weeks, at best, according to IDSA guidelines.

It would be hard to prove that damage from lack of treatment is from lyme. We all know it. We've seen it. Too many cases of that. But it would be a very hard case to win.

Now, in a flip-flop, there WAS one case that won a few years back somewhere in a New England state. You might search for that and find the atty. It may not have been too far from you.

If you have a law school near you, you may be able to ask a law librian (oh, no . . . I have no idea how to spell that) . . . a clerk who works in the law libry (uh, that, too) . . . the place where all the book are !

-

Posts: 48021 | From Tree House | Registered: Jul 2007  |  IP: Logged | Report this post to a Moderator
Tincup
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There have been a number of cases pursued and won... but the lawyers are not available now that I knew years ago.

You might read some of the "Legal Resources" to see if there is something that might help.

Look on the upper left of the screen in the pretty leaf pile.

GOOD LUCK!!!!

[Big Grin]

--------------------
www.TreatTheBite.com
www.DrJonesKids.org
www.MarylandLyme.org
www.LymeDoc.org

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bettyg
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tc, you beat me; i was going to refer them also to read the CASES WON in legal resources!!
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Lisa1230
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Thank you everyone. I'll check out legal resources and see what is said.
Posts: 51 | From Connecticut | Registered: Sep 2008  |  IP: Logged | Report this post to a Moderator
CathyMary
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too bad there couldn't be a class action lawsuit against the IDSA and CDC.

or all the attorney generals banning together (like against big tobacco) and states suing for money for treatment of lyme.

If this happened...Lyme lawyers would be coming out of the woodwork like cockroaches.

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Lisa1230
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My case is a little different and I don't want to put specifics on here, but I did want to speak with someone to see what can be done before the statute runs. I have some people working on it here, too, so if I find a good attorney, I will let everyone know. Thanks!
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Lymetoo
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quote:
Originally posted by CathyMary:
too bad there couldn't be a class action lawsuit against the IDSA and CDC.

or all the attorney generals banning together (like against big tobacco) and states suing for money for treatment of lyme.

If this happened...Lyme lawyers would be coming out of the woodwork like cockroaches.

I would SOOOO love this!

--------------------
--Lymetutu--
Opinions, not medical advice!

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CathyMary
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Lisa, I didn't mean to mock your request in anyway.

The class action suit popped into my head.

Since I had no sound advice for you, I could of at least wished you luck.

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John S
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If I were rich I'd sue them just for the annoyance it would give them alone.
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bettyg
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cathy mary/others,

read this one in ACTIVISM about CLASS ACTION LAWSUITS, and post your comments in it, since it's the latest i could find being discussed.

MANY have been posted in activism; that was just the latest i could find using my membership no. doing a search!!

http://flash.lymenet.org/scripts/ultimatebb.cgi/topic/8/1606?#000001


now back to lisa's request for anyone knowing a LL attorney for malpractice suit.


lisa, may i suggestion you edit title and add malpractice suit there since we have many attorney members, and they might stop by read and perhaps send you a pm! i've known some to do that!!

just click on pencil, 3rd box to right of your 1ST post at top, and it opens up subject line and body text. click edit send when done. best wishes [Smile]

you might also try your state's YAHOO GROUP, by going to phyllis mervine's post at top of SEEKING DRS. or call your area's SUPPORT GROUP LEADERS, found on left side in the LEAF background!

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cjnelson
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amen John S

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Seeking renewed health & vitality.
---------------------------------
Do not take anything I say as medical advice - I am NOT a dr!

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paulieinct
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Now remember back about 30 years ago when the very thought of someone suing a tobacco company sounded ridiculous?

I mean cigarettes were LEGAL, we all knew they caused cancer, and each pack had a warning that basically said, "YOU WILL DIE". Smokers chose to ignore the warnings.

Yet the plaintiffs prevailed, with hundreds of million$$ paid out. In hindsight, it now seems obvious that they HAD to win.

If the IDSA guidelines change, there could be lawsuits aplenty - against IDSA. That is because the scientific evidence proving the existence of chronic Lyme, and proving the persistence of infection even after months of antibiotic therapy was for the most part known in 2006 when the worthless guidelines were written.

I think IDSA's intransigence has been because they KNOW their guidelines are crap, and they KNOW what might be coming down the pike if the truth comes out.

I wonder if the personal assets of the IDSA worms are vulnerable in such a lawsuit........

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Sick since at least age 6, now 67. Decades of misdiagnosis. Numerous arthritic, neuro, psych, vision, cardiac symptoms. Been treating for 7 years, incl 8 mos on IV. Bart was missed so now treating that.

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bettyg
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fyi, iowa's attorney, roxann conlin, took on microsoft about MS being on ALL computers in iowa; don't know if it applied to other states.

her team consisted of 100 lawyers; THEN WON!! ms PAID BIG BUCKS! all who submitted claims for EACH MS program on our pcs received a certain amount. Most home owners were $100/person; businesses much more.

iowa's attorney general, tom miller, was in cigarette lawsuit, and was their spokesperson; we won alot there too; all states who were in on it did.

just a couple examples of the little guys taking on GIANTS: microsoft & smoking industry!!

what's idsa compared to them [Smile] lol ....

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