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» LymeNet Flash » Questions and Discussion » General Support » Can I Sue this Doctor??

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Author Topic: Can I Sue this Doctor??
proud pup
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Hi,

We have been struggling with this so, I thought I may as well get your opinions...

In 1999, my husband went the his doctor with flu like symptoms and a large rash on his belly. She asked about tick exposure he said yes. (PLEASE KEEP IN MIND THAT ALL OF THIS IS WRITTEN IN THE DOCOTRS REPORTS THAT WE DO HAVE)

Anyhow, She said looks like Lyme and gave him only enough Doxy pending lyme test...

Next report, about 2 weeks later, the copy of a neg. lyme test and in her own handwriting states, " called patient with neg. lyme test is to stop medicine."

From there.. you all know the story,

It has been down hill battle with one sickness after another. Everytime that she would say I can't find a thing wrong with you, we would always say, We think it is Lyme but she would do another test (which was always neg.) and say NO it can not be lyme. We at the time knew very little about the REAL facts of lyme.

Finally, in 2002 with all the full blown signs of lyme, we asked her again about lyme and for her to remember the bullseye rash.
Her words were "I can tell you that I am 100% sure it is not lyme". Then she insulted us by sending him to a walk in AIDS clinic. ( She told us they were ID specialist)
That was when we got his records and never went back.

About 6 months after that we saw an article Dr. B in Colmar Pa. wrote about lyme and knew then that we had to see him.

I feel like we were cheated and robbed our life by this other Doctor. Because he was not treated at the first signs of infection he passed it on to me and then I to our kids.

He has been in treatment with Dr. B since June 03. And is still not improving and we have spent all our money on this.

Sorry, to sound so mad. I know everyone on here have pretty much the same problems.

I am just so mad at this doctor and my self for at the time not pushing harder at the time. But, I was trusting a doctor to be the one with all the answers. Stupid me.
Has anyone ever tried to sue there Doctor for improper treatment?????I feel she was for discontiuing his doxy after a neg. lyme test when he HAD that bulls eye rash...


Posts: 191 | From Eastern Shore. Maryland USA | Registered: Jun 2003  |  IP: Logged | Report this post to a Moderator
lla2
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we tried to sue our drs..both mine and my kids....the lawyer told us the only problem is that we'd have to sue EVERY single doctor we saw SINCE we were FIRST misdiagnosed, as they ALSO misdianosed us, by not picking up on the symptoms too along lthe way...
that's the way the state laws work.

WE chose not to go this route, as our favorite pcp was also included in this group and had been our family dr. for years, jsut wasn't the internest i had gone to, or hte pediatrician who had missed our kids lyme diagnosis 8 times!!! I didn't want to get him in any trouble, so we dropped it...

kind of a lousy law, but that's the way it is in RI anyway..may want to check your state and see how it is there...here is says;

'any and all physicians that should have judiciously in their practice , noticed, or picked up on signals of the disease and did not , over hte course of months or years, are also legally responsible, not just the original physician doing the testing...'

Lisa


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JillF
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Let me tell you, if I ever freakin get positive test results from Lyme, every freakin doctor I've seen in the past is getting a copy w/a letter from me via certified mail!

So far: my old primary physician, another doctor at her office, my old family physician, the neurologist, the eye doctor, the throat specialist, the ER doctors (although I doubt they will remember me) are all going to get a letter from me. I think I'm missing a few doctors. I'll remember them later.


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minoucat
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I'm with JillF. Our situation is different and a lawsuit is out of the question, but I'm trying to get myself pulled together enough to get out a letter (with bloodwork results) to some slimy doc toads, plus to the medical boards of their states (OR and WA). I don't know what will come of it, but I'll feel better. And if enough of us do it...

Don't apologize for being furious, especially since this has happened to so many of us. I think well directed anger, as long as it doesn't eat you up, is a terrific fuel for changing things.



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docdave130
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dr b. is very expensive and does not have a real good success rate for curing. he will however take your money,home, car and everything else.
maybe you should email me and i can give you the name of my llmd that i have been using for 5 months and find very knowledgable and takes insurance.
[email protected]

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GreanPea
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Editing here, because I'm not sure that what I said conveyed what I really meant.


Pea

[This message has been edited by GreanPea (edited 06 June 2004).]


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docdave130
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you can certainly sue any doc anytime.
what you need is a referral for the best malpractice lawyer in your area and consult with him or here. woman malpractice lawyer, nothing against woman, are usually real bitches and make for excellent lawyers.but you must get the best one in the area,it will cost you the same if you have the best or the worst.it is a very long process taking up to ten years to resolve, unless they settle out or court.
it is a lot of stress and strain and heartaches, so make sure your prepared prior to starting.
the lawyer will tell you if you have a case and if there is enough damage to make it worth your while.
also the lawyers will take 40% plus expenses.
docdave

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Rita
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Pup
Almost every Lyme patient goes through the same thing because the tests are semiworthless and the ducks are incompetent.

Doc Dave
Which Dr B are you referring to and how do you know what his cure rates are?


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Lymetoo
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quote:
Originally posted by minoucat:
I'm with JillF. Our situation is different and a lawsuit is out of the question, but I'm trying to get myself pulled together enough to get out a letter (with bloodwork results) to some slimy doc toads, plus to the medical boards of their states (OR and WA). I don't know what will come of it, but I'll feel better. And if enough of us do it...



I did this and did indeed feel better! I didn't send copies to the medical boards....didn't think of it. One very kind dr [a urologist] sent me a reply. The only one with enough guts to do so!

.....FWIW...proud pup said Dr B in Colmar, PA.

I sympathize, pp!

------------------
oops!
Lymetutu


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cindy_leigh
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quote:
Originally posted by docdave130:
you can certainly sue any doc anytime.
what you need is a referral for the best malpractice lawyer in your area and consult with him or here. woman malpractice lawyer, nothing against woman, are usually real bitches and make for excellent lawyers.but you must get the best one in the area,it will cost you the same if you have the best or the worst.it is a very long process taking up to ten years to resolve, unless they settle out or court.
it is a lot of stress and strain and heartaches, so make sure your prepared prior to starting.
the lawyer will tell you if you have a case and if there is enough damage to make it worth your while.
also the lawyers will take 40% plus expenses.
docdave

Why is it that men can be aggressive, focused, result-oriented, successful, etc., but if a woman has those traits, she's a bitch??

Sorry docdave, it WAS offensive-- A stereotype. Funny, when someone says something like, no offense intended, or, don't take this personally, there's usually a good reason-- the material IS offensive!!


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proud pup
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Thanks everyone for all said.

Please if anyone has info on Dr. B please email me at [email protected]

I have been told by many about how good he is suppose to be but after a year of being now broke and my husband 90% WORSE I do not know anymore.


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GreanPea
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Thanks, Tu Tu!!!

Duh on me.

ProudPup, check your email. Good luck in your search for answers...

Pea


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dontlikeliver
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Docdave -

I am REALLY REALLY concerned about your statement about Dr B. not having very good "cure" rates, etc.

I travel a looooong way to see Dr. B (if we're talking the same one here) and your statement is causing me a LOT of anxiety right now, so much so that I am having trouble getting on with my day.

Can you please clarify which Dr. B you mean exactly and how you know about his cure rates?

Is this the NY Dr. B, or another Dr. B?

I have so far heard only good things about Dr. B, which is why I decided to go see him, and would like to know where this is coming from and why, unless this is a different Dr. B.

DLL

[This message has been edited by dontlikeliver (edited 06 June 2004).]


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GreanPea
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Hi, dontlikeliver!

It is definitely a different Doc B... NOT the one in NY.

I've heard wonderful things about Doc B in NY also and I've even purchased the CD that he and another doc put out a while back.

Not to worry!

Though, I'm not sure how docdave knows what the other Doc B's cure rate is, I don't disagree with the general attitude of his message about the OTHER doc B.


Pea


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dontlikeliver
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Thanks Pea,

Not that I would have been completely swayed or anything by one person's opinion, even if he did mean NY Dr. B. I'd want to have more info first.

But, even the thought of the possibility that everything I've put into this so far and my upcoming trip to NY MIGHT be futile (and that I had been missing something here) was making me really down and anxious.


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GreanPea
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quote:
Originally posted by dontlikeliver:
But, even the thought of the possibility that everything I've put into this so far and my upcoming trip to NY MIGHT be futile (and that I had been missing something here) was making me really down and anxious.

Yep, DLL, I can relate (well, except, of course for the flying overseas part)...

That's kind of how I felt when I realized what the real deal was and that I HAD to find a new doctor.

I'm glad you saw my post.
Good luck on your upcoming trip!

Pea


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Lymetoo
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Relax, DLL.....if you're seeing THE DR B in NY, then you have nothing to worry about!

------------------
oops!
Lymetutu


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dontlikeliver
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I didn't think so - but, Phew! anyway.

DLL


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robi
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So which Dr. B are you talking about??????? I see a Dr. B and also am considering another Dr. B. Would be nice to know at least the state you are referring to.

Thanks,
robi


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GreanPea
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Reread the posts, carefully, robi... it's there.

Pea


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panther
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If you want to sue, sue allen steere, steven malawista, et al. and their publishers for causing damage to you by misrepresenting the true nature of lyme disease in textbooks and medical diagnostic guides which are distributed to doctors all over the USA. Also, sue JAMA, the journal of the AMA, for continuing to publish steere's work even though his articles are continuously full of lies and misrepresentations.

quote:
Originally posted by proud pup:
Hi,

We have been struggling with this so, I thought I may as well get your opinions...

In 1999, my husband went the his doctor with flu like symptoms and a large rash on his belly. She asked about tick exposure he said yes. (PLEASE KEEP IN MIND THAT ALL OF THIS IS WRITTEN IN THE DOCOTRS REPORTS THAT WE DO HAVE)

Anyhow, She said looks like Lyme and gave him only enough Doxy pending lyme test...

Next report, about 2 weeks later, the copy of a neg. lyme test and in her own handwriting states, " called patient with neg. lyme test is to stop medicine."

From there.. you all know the story,

It has been down hill battle with one sickness after another. Everytime that she would say I can't find a thing wrong with you, we would always say, We think it is Lyme but she would do another test (which was always neg.) and say NO it can not be lyme. We at the time knew very little about the REAL facts of lyme.

Finally, in 2002 with all the full blown signs of lyme, we asked her again about lyme and for her to remember the bullseye rash.
Her words were "I can tell you that I am 100% sure it is not lyme". Then she insulted us by sending him to a walk in AIDS clinic. ( She told us they were ID specialist)
That was when we got his records and never went back.

About 6 months after that we saw an article Dr. B in Colmar Pa. wrote about lyme and knew then that we had to see him.

I feel like we were cheated and robbed our life by this other Doctor. Because he was not treated at the first signs of infection he passed it on to me and then I to our kids.

He has been in treatment with Dr. B since June 03. And is still not improving and we have spent all our money on this.

Sorry, to sound so mad. I know everyone on here have pretty much the same problems.

I am just so mad at this doctor and my self for at the time not pushing harder at the time. But, I was trusting a doctor to be the one with all the answers. Stupid me.
Has anyone ever tried to sue there Doctor for improper treatment?????I feel she was for discontiuing his doxy after a neg. lyme test when he HAD that bulls eye rash...



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dontlikeliver
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Not a bad idea - perhaps we can ALL sue THEM collectively.

DLL


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proud pup
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Thanks for all the replies. Green pea- hope you are feeling better.

My husband has had a bad month, but as soon as he gets a little relieve we will be checking into it in the state of Maryland.


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TheCrimeOfLyme
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If all woman attorneys are byatches, I must be one in the making for being a Paralegal Specialist.

Elements of tort:

you were done a wrong
that wrong caused you injury
"BUT FOR" what the doc did or did not do, you would not have been injured

Every state has different elements, this is Pennsylvania elements only under tort and negligence, to bring in strings of malpractice also brings in statute of limitations.

Alot of people are told, you cannot sue because you contracted lyme back in such and such a date. THAT IS HOGWASH. Your statute of limitations ( cut off for sue date) does NOT begin ticking ( sorry no pun) until you reach the date where you find out what is wrong with you.

If you found OUT in 1999, your statute of limitations is out the window, and you don't stand a chance.

Lyme is tricky to sue for, but it can be done.

One more thing- 40 percent plus costs is also incorrect in some instances. Find a contingency lawyer ( no money unless WE get money for you) that means you dont have to pay for depositions, medical records, phone calls, letters they write, etc and they usually put the fee IF you collect at 1/3 of what you get. NOT 40 percent plus costs. - Not for contingency fee lawyers.

Only drawback is that contingency fee lawyers shy away from cases they dont think they will win, because it is their pocket book paying for everything and if they dont plan on winning or dont forsee they can, they will tell you the million and one hundred reasons WHY you dont have a case, when in fact, you just might.

My personal take? Everyone should sue.


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luvrustie
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Can anyone who has been to the Dr. B in Colmar, Pa. e-mail about their experience. I have been thinking about switching LLMDs and giving him a try.

Thanks.
[email protected]


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troutscout
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Cindy_leigh

pardon me...but when I met successful MALE attorneys...everyone they beat told me that they were..

a**holes, crooks, bastards and quite possibly the Anti-Christ...

now, if they were women....they would have been called b*tches, and the rest of the words....why? That word is unfortunately very 'sexual' in its origin.

So....be offended if you want..but don't come back with the argument that I am man and don't understand...

I spent 15 years as a MALE military spouse and was sent thru hell and back by women and their reverse descrimination...in fact, I one finally confess to me that they picked on me by not heklping me raise my kids when my wife was gone for months at a time...I have seen it all lady...I have been sexually assaulted by a female manager also....


So...the argument about the word b*tch is only because it offends YOU...not because it is anything more than that.

Now...back to suing..if you do it...I believe you will lose.

The best thing to do is contact your state legislature and change the laws of your state.


Trout


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