This is topic Husband wants attorney involved...have you done this? in forum General Support at LymeNet Flash.

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Posted by Lily (Member # 13158) on :
Now that I am starting to feel better and he is not playing mom and dad, he has had some time to think...


So, he wants to talk to an attorney. I think he is just frustrated that for 4 months he thought he was losing his wife...all the while, my test was positive!

Has anyone gone this route. Is it just a waste of time?

I'm okay if he wants to seek out an attorney. However, perhaps it is just a waste of time?


[ 05. November 2007, 04:26 PM: Message edited by: Lily ]
Posted by bettyg (Member # 6147) on :

i suggest you edit and change your topic to:

husband wants attorney involved; have you done this?

to edit: click on PAPER/PENCIL icon to the right of your nicknmae that opens subject line and body text.. make your changes, and then click edit send..

make sure you checked box lower left hand side for all replies to come to you ok! best wishes.

read ACTIVISM also...something there on attorneys!
Posted by tdtid (Member # 10276) on :
I think most of us can feel you and your husbands frustration. There are sooooo many horrid things our doctors have done that were contra-indicated for lyme disease.

But as long as this political/medical war is going, I fear that finding a lawyer that would be able to win a case on such a controvercial illness would be a nightmare.

I do know others have talked of looking for lawyers and hey...if you can score, we all applaud you. Just know that you aren't alone and this whole thing can make your blood boil. Good luck.

Posted by terrirdls1 (Member # 9810) on :
I was there three years ago and found it would be a complete waste of time. the dr. are very protected by their insurace co. and its really hard to go against an md especially with the topic lyme. It hard enough getting someone to take us literal and not treat us like a head case. I would save the money and track down a good llmd. money well spend. are you on the east coast or west? There is a dr. in the east coast that has treated a lyme friend here in the west coast and she is getting alot better thanks to her. she was bed ridden and now is walking around, shopping etc. Im still laying down because of my sevear dizzy spells. maybe now found my culprit. gluten and milk products.
Posted by Lymetoo (Member # 743) on :
Originally posted by tdtid:
But as long as this political/medical war is going, I fear that finding a lawyer that would be able to win a case on such a controversial illness would be a nightmare.

That's the problem. And if the standard treatment is 2 wks of abx, the only thing you could prove was that you were shorted 4 days of abx.

You might be able to get somewhere with the hospital not ordering the test, I don't know.

And maybe you could prove that giving you prednisone without a clear diagnosis was a mistake...I don't know.

But if you have money to throw it!
Posted by Lily (Member # 13158) on :
Ha! Definitely do NOT have money to throw around! Not after 2 hospital visits and a million doctor visits this past summer!

He and I were talking and it seems that lawyers take cases on contingency if they think they can win. So, that would be our only route. It's a longshot, I guess. Really, I'm leaving this up to him right now. I need to concentrate on my health.

Now, I thought the standard of care (IDSA was 14-28 days). I wonder how they determine who gets 14 and who gets 28. As well, is penicillin on their standard of care?

Oh well, off to bed.

Posted by Tracy9 (Member # 7521) on :
Same exact conversation going on in our house. Most medical malpractice lawyers do take the case on a contingency basis.

My husband was misdiagnosed, told he had shingles despite CLEAR large bullseye rash on his back (and this is in CT).

He was very delayed in getting treatment due to the misdiagnosis, and 8 years later is still sick because of it. The money lost in lost income is phenomenal.

We think he probably has a good case, but frankly we are too sick to pursue it. I also don't know if the statute of limitations is over or not.

Food for thought though.
Posted by Geneal (Member # 10375) on :
As I am currently involved with an attorney (for other reasons [Frown] ),

I know they have their place in the great scheme of things, but they are very expensive!

Have you thought about writing a letter to your State Medical Board citing the

Inability of the ducks to make a diagnosis even with a positive serology test?

I would write a strongly worded letter and cc a copy to the ducks as well.

Trust me, sueing is a pain in the behind.

Every phone call, every time the attorney "thinks" about your case,

You get billed for it. [Eek!]

If I didn't have to sue, I wouldn't. However, that being said,

A very direct, well worded letter may be worth more just in satisfaction. [Big Grin]


Posted by cootiegirl (Member # 3216) on :
When it comes to righting a wrong, believe me I'm one of the first in line. We have had to hire an attorney for our child to get spec ed services....had to hire an attorney for my disability. For those particular situations we were successful but it was difficult and expensive.

There is no doubt that your situation was wrong, wrong, wrong and the duck should be held accountable for his actions (notice I'd make a lousy juror - guilty until proven innocent [Smile] ). But like the others have said, we are dealing with an illness that is a political hotbutton. The doc also has major malpractice coverage that cya's him from such situations. And he and his attorney will argue that he diagnosed you and treated you based on his knowledge of infectious diseases (he did it the ID way).

I would have to agree with writing a letter to the state professional ethics board. It will at the least allow you to vent to someone what happened, and have something on record. Again, without sounding pessimistic, it may not get the doc sanctioned or anything, but at least something has been recored.

I'm sorry my opinion wasn't more positive or supportive of what your hubby wants to do...
Posted by just don (Member # 1129) on :
I think you have TWO chances of a outcome,,,slim and none.

They will cite the two standards of care and say it didnt violate those. They will PROVE the diverse sxs COULD have been something else while they were testing for stuff.

YOU need a clear cut case,,,like a broken in half leg with the bone sticking thru the skin to win casses of malpractice.

I have heard medical person after medical person say,,,"All you have to do is leave lyme alone and it will go away on its own""" So they get an 'expert' infectious disease DUCK to testify to THAT. OR you probably didnt have it,or it was a false positive and then what,,,how do you PROVE their wrong??

This disease isnt black, white and red!!! It is gray,and pink. Too many loopholes for them to jump thru!!

HOW many LLMD's are you going to hire to testify?? They get paid no matter what. Expenses get paid,no matter what happens!!!

they get three expert witness's to say your crazy... How many do you get to say your not?? Who is MORE believeable??,,,

mainstream medicine OR sounding whacko LLMD's and what LLMD's are going to risk their reputation doing that???,,,plus they are too busy to do it anyway!!

It puts them on the radar with local and state medical boards etc. Plus they will word their opinion VERY carefully and NOT be forceful enough for YOY!!! AS forcefull as the opposition!!

And after you PROVE your case,,,lady justice has a blindfold on for a REASON!!! It can still backfire on you!! Try to get medical care for you and your family AFTER doing this!!!

After CAREFUL thought,,,its a -lose -lose -on YOUR part,,,let alone the emotional toll you suffer!!

You dont hear of all the cases lost,,,just that one in a million that actually hits,,,the ODDS arent all that good!! find a toxic waste dump and sue them,,,better results!!

Lots of GOOD cases fall thru the cracks and get settled for attorneys fees,,,they collect,,,you dont!! NO statement issued!!

IF we sued every doctor and hospital,,,where do we get stitches when you have accident,or urgent care???

I am SORRY they did what they did,,,but its probably NOT a huge case of malpractice,,,no doubt!!
Posted by sometimesdilly (Member # 9982) on :
quote from my llmd "the standard of care for Lyme is medical neglect"

not just a jaded pithy slogan, but a reality. to win you'd have to prove the dr did not follow the standard of care other drs would have in similiar circumstances.

that's not going to happen.
Posted by tdtid (Member # 10276) on :
Wow...some excellent points made here. I never tried to sue, but dang, I sure would have liked to take my PCP down with this one.

Instead, had to settle by writing letters to him, the head of the hospital and anyone else that I thought might listen. But I'm sure all it did was get some off my chest since I doubt they could care less.

Sad but true.

Posted by Keebler (Member # 12673) on :

to be able to write a clear, concise and thorough letter - well, that would take me years. That's why some of them don't have a clue.

Most of use are still stunned and can't quite put words together well enough. I am amazed at how exhausting writing can be - and how time consuming. - Ooops, there went my shower time and energy !

I've often wondered what article would be best to send some of them, but that's as far I I could get.

So, thanks to those who have informed doctors who need to know what happened with you.

Posted by Lymetoo (Member # 743) on :
Originally posted by sometimesdilly:
quote from my llmd "the standard of care for Lyme is medical neglect"

Wow, that is right on!!!

I found out I had Lyme 42 yrs after having contracted it....No one could be held for blame, basically.

I got it 20 yrs before it was labeled as Lyme.

I did, however, write 6 or 7 letters to drs who perhaps could have diagnosed me, but didn't.

IF I was ever tested for Lyme, I'm sure they used Quest and it came back negative....but Lyme was never mentioned.

I do remember two drs asking me about a rash, but I thought they were thinking of Lupus, not Lyme. I knew VERY little about Lyme until being diagnosed 7 yrs ago.
Posted by Lily (Member # 13158) on :
Thanks for the opinions. I guess we are just trusting and naive. We just expected the MDs to find the obvious. This seemed pretty obvious to us(once we got educated just a little).
This has been such a learning experience.

Posted by tdtid (Member # 10276) on :

I definitely hear you about how obvious this all seems now. And how very frustrating it is that doctors across our nation are turning a deaf ear to this whole thing.

It's even sadder when you can talk to another person and hear all they have been through and all their crazy diagnosis's and it SHOUTS lyme to us, and yet ALL their specialists never see it.

It gets to the point that I think most of the people here could spot lyme before most M.D.'s in this country and that's a very very sad state.

Keep venting. It won't fix the damage done by your rotten doctor, but it helps take some of the weight off our shoulders.

Posted by Keebler (Member # 12673) on :


I saw your edit to the original post.

If you feel the need to erase the entire thread you can do that by going in and editing your first post here and check the delete button.

You can repost what ever you want then.

Take care.

Posted by bettyg (Member # 6147) on :
keebler mentioned the possibility of deleting your entire thread.

unless you really want to, i'd like to suggest to leave it here so it goes into archive for othes coming on here doing a search FOR PAST POSTS on any subject of their chosing. this normally comes up 2-5 times per year.

just food for thought; it's YOUR choice to do as you wish. no pressure from me ok! [group hug]
Posted by CaliforniaLyme (Member # 7136) on :
Here is a useful site-

Helpful re health/legal issues.

There has been ONE case WON by a Lymie kid.
1.7 MILLION dollars. (originally 3 million!)

The problem with Lyme cases if that the standard of care is SO LOW!!!

If you were provided NO care then by all means sue. I have the email of the lawyer who WON that 1 million case and will give it to anyone who needs it- he said he would help any lawyer do a Lyme case. but it needs to be winnable- that's the problem- and since some of the IDSA idiots even say just ONE dose of Doxy is ok- we are often screwed!!! But if you received NO care and want to do a lawsuit- e me and I will give you his email- I think it is sitll the right email for him anyway-

here is that case-

Jury awards $1.7 million to Cecil teen
By Carl Hamilton, Whig Staff Writer December 20, 2000

ELKTON - A civil jury awarded more than $1.7 million Monday to a Port Deposit teen who suffers long-term health problems because local physicians failed to diagnose his Lyme disease.

This is believed to be the highest award of damages in Cecil County history, according to veteran lawyers and court officials.

The six-member jury deliberated nearly eight hours before concluding that Chesapeake Family Practice Group on High Street in Elkton breached the standard of medical care when treating Aaron Murray.

That breach, according to the jury, directly resulted in Murray's physical problems, including his IQ reportedly dropping as much as 29 points.

Murray was 14 when he became a patient at Chesapeake Family Practice Group in 1995. He is now 18.

The jury also decided that Dr. Joseph K. Weidner Jr. breached the standard of care. However, his breach didn't directly lead to Murray's physical

Weidner still practices medicine at Chesapeake Family Practice Group.

In addition, the jury exonerated the remaining defendant, Dr. Leila A. Kirdani, concluding that she didn't breach the standard of care. Kirdani now practices medicine in Buffalo, N.Y.

The jury originally awarded a total of $3.2 million, but Circuit Court Judge O. Robert Lidums reduced damages on one count because it exceeded a state cap.

Under a count addressing the plaintiffs' pain and suffering, the jury wanted to award Murray and his mother, Gail Johnson, 41, $2 million. The cap is $515,000, however.

It awarded more than $1.2 million to cover Murray's loss of future earnings. And the jury awarded $64,000 to cover past medical expenses.

The defendants' attorney, Robert C. Morgan of Baltimore County, could not be reached Tuesday for comment.

Ira C. Cooke of Towson, Md., who represented the plaintiffs, believes this verdict will caution other doctors.

"I think this is an important case because it puts the medical profession on notice that anything less than top-flight medical care will not be tolerated in Cecil County,'' Cooke said.
Cooke handled this case with Elkton-based lawyer Douglas R. Cain.

In October, Cain represented a local plaintiff who was awarded more than $1.6 million in damages. Until this verdict, that was the highest amount of damages awarded in this county.

The jury in this most recent case returned its verdict after a two-week trial.

Chesapeake Family Practice Group failed to offer its physicians training or directives relating to the prevention and detection of Lyme disease, the plaintiffs maintained. Cecil County is a high-risk area for the disease.

According to the lawsuit, Johnson and her son sought medical attention at Chesapeake Family Practice Group on April 1, 1996 because the teen exhibited numerous symptoms indicative of Lyme disease.

The teen had "every single'' symptom, including fatigue, a rash, swollen glands, nausea, flu-like symptoms and aches and pains in the joints, Cooke charged.

But Murray's condition went undiagnosed despite several more visits to the medical practice, Cooke said. The defendants didn't even conduct the simplest of diagnostic tests - a blood test, he added.

Staff doctors diagnosed Lyme disease after Murray collapsed with seizures in a hospital emergency room in August 1996. Hospital doctors relied on blood test results.

The defendants countered, however, that Murray had Lyme disease only a few weeks before collapsing at the hospital - not several months before the incident.

Approximately six weeks before the episode, the teen discovered a rash that could have been a telltale of Lyme disease, according to Morgan.

Yet, Murray and his mother didn't seek medical attention at Chesapeake Family Practice Group between the time of his rash discovery and his
collapse, Morgan maintained.

The plaintiffs contended that there was an unnecessary delay in treatment and that it caused Murray's IQ to drop significantly. His IQ was measured at 115 in 1995, they reported. Two recent tests registered Murray's IQ at 86, and a third placed it at 103, according to testimony. His lawyers claimed Murray was unable to complete the ninth grade as a result.

Last week, Murray provided emotional testimony about the various abilities he has lost in the wake of his prolonged bout with Lyme disease.

If detected early enough, according to his attorneys, Lyme disease can be easily treated without lingering health problems.

The teen broke down on the witness stand, reducing jurors, the judge, his lawyers and others in the courtroom to tears.

During his closing statement last Friday, Cain reminded jurors that Johnson made 72 unanswered phone calls to Chesapeake Family Practice Group in several months.

She was concerned about her son's worsening condition, Cain said.

Weidner called Johnson a "hysterical mom'' while talking with the woman about her son's case, the mother testified.

Morgan didn't dispute that Murray visited the medical practice numerous times since January 1995, when his family became clients.

He also didn't deny that numerous phone calls were made on Murray's behalf.

But many of those phone calls and visits related exclusively to the teen's asthma and other ailments, such as sinus infections and stomach problems, Morgan said.

Morgan called the plaintiffs' case a "fishing expedition,'' and he accused their lawyers of preying on the emotions of jurors.

"Clearly, the medical care rendered in this case met the standard of care,'' Morgan said in his opening statement.

Cecil Whig 2001

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