Topic: hate to even wisper the word...Malpractice...
1185
Unregistered
posted
Hello,
I've been on as "1185" b/c I signed up wrong. Anyway, lets hope this signs out as Rayne.
At any rate, I've hit an emotional low as every aspect of this bugger is comming to a nasty head. I am one of those late -4-6-years late dx folks.
I worked very hard with my doctors for years to get to the bottom of my strange illness. Thousands of dollars in tests, meds, and unnecessary surguries later I begged the team (3 of them) to assess me as a new client coming in for a second opinion - i.e. what could we possibly have missed.
A few weeks later they recommended a book on body detoxification, but had no further direction for me.
I had told them that I had wondered about Lyme years ago and had a negative test with another Dr. (ya, join the crowd) They never thought to order a Lyme test, nor look at it as a clinical dx possibility.
Now, I am not a litigious person by any stretch of the imagination. However, I am thousand of dollars in the hole and continue to have huge bills (central line just in) and ongoing $ issues.
What is the feeling of "you all" re: seeking a lawyer - even to recoup some of my lost income, medical bills, p/s etc...
Like I said, hate to even whisper this, but I need to know what's been done out there and you all are my greatest resourse!
I'll be greatful for any and all replys. Peace and healing, Rayne
MADDOG
Frequent Contributor (1K+ posts)
Member # 18
posted
Hi, I thought about it but never done it.Once the word gets out you sue ducks then who you going to get to treat you for anything. MADDOG
Posts: 4084 | From Ohio | Registered: Oct 2000
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My experience: those who really deserve awards inevitably get screwed, partly because of how sick they are! People with slick lawyers and frivolous complaints seem to be able to get huge awards, while most of us who really deserve some compensation usually seem to get screwed. Well, that's just life in ..'amerika'.... DaveS Posts: 4567 | From ithaca, NY, usa | Registered: Nov 2000
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lymemomtooo
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Member # 5396
posted
Rayne..Wouldn't we all love to fry the stupid ducks??? I have my heart set on getting my daughter well and successful and then going to each one telling them how they might have killed her...and may have to others.
All assumed it was all psychiatric. Her ELISA was negative and the WB were only equivocal. Now we find she probably went undiagnosed for over 6 years with horrible drugs that no kids should be taking..She has Lyme disease and Bartonella.
You have no idea of the depth of my anger.Her most fun years of life have been robbed..But I know if we all start law suits, then our LLMD's will be targeted...Then what hope will remain for us or others.
This is a bitch..and I am very sorry for what you are going thru. Actually after the ducks,I would like to strangle the insurers.
I pray we all survive and that someone starts to listen and do more research.
[This message has been edited by lymemomtooo (edited 17 August 2004).]
posted
I like the rest of you dream about malpractice suits but in the real world.... I have chosen to set the record straight with each and every doctor I saw in the form of a letter and a large packet of info about Lyme disease. In one particular case, I saw 2 different neuros at a large WV hospital and was told absolutely ludicrous causes for my symptoms and treated like a kook. I have an appt with the chief of staff to discuss how I was treated and the MIS and MISSED diagnosis. It'll cost me a tank of gas and a day's work but I'm considering this all part of my healing process!! (Who knows? If we would get at least one LLMD out of this, it would be worth it!)
Posts: 268 | From Maryland | Registered: Dec 2003
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Rita
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posted
Our LLMDS ARE targeted. We're losing them in AZ, NY and everywhere else. We've lost them in Oregon, NY, MI and others are in serious danger. For heavens sake, Dr Blieweiss commited suicide when they went after him.
I disagree with the others. All ducks should have the arrogance sued out of them. Only when misdiagnosis becomes as rough on them as it is on us, will things change. We should be the biggest pains in the world to those jerks.
Every suit filed harms a duck. It's is a serious aggravation to them.
I say SUE! I think the best way to get money out of them is to sue them for using "for surveilliance only" CDC criteria as "diagnostic". Lyme should be a clinical diagnosis and, in spite of the CDC rewording, they still use the test as "diagnostic".
TheCrimeOfLyme
Frequent Contributor (1K+ posts)
Member # 4019
posted
You cant even get a malpractice case open unless you prove ELEMENTS of all tortious acts ( such as malpractices)
Depending on where you live, you must meet those requirements, BUT most of them are under the same guidlines.
I work for two attorneys, I am a paralegal. I was misdiagnosed for a year. I cant sue.
I still say try. It never hurts, ever.
But, you have to prove that they did you harm ( not that they misdiagnosed you) , that but for the harm you WOULDN'T HAVE HAD YOUR ILLNESS ( THERES THE GLITCH) and that
three) you suffered damages of whatever sort.
Elemetn 1 and 3 are always ALWAYS readily provable, but what people dont understand is that malpractice means the
doctor CAUSED your illness or injury. They didnt, a tick did.( altough some of those SOBS DID cause CHRONIC lyme by NOT treating with a BULLSEYE in their face!!!) and its very hard to sue because they misdiagnosed us
i mean... its ALL case dependant, all of it
Contact an attorney. There are lyme literate ones , look on www.google.com and type in lyme and attorney
Posts: 3169 | From Greensburg, Pennsylvania | Registered: Jun 2003
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riversinger
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Member # 4851
posted
I don't think that you will have much luck as long as the standard of care for Lyme disease is set by the current medical establishment.
If your doctors were following the commonly accepted standard of care for Lyme disease, which currently include not "frivolously testing" for Lyme disease because the patient requests it, then they are not guilty of malpractice.
Only once the standard of care has changed might we have a chance at winning this kind of lawsuit. These doctors need education!
lymemomtooo
Frequent Contributor (1K+ posts)
Member # 5396
posted
Hey Cave. You are brilliant..Start a thread on: Lyme Court, now in Session..Judge Kam and Cave presiding. Let all of us be the jury..and we wouldn't have to change the names to protect the quacks!!
It might help save a lot of aggrevation for other unsuspecting patients. Can you do it??It might also add some of the humor that Tincup says we all need.
You could start with some of the old timers taking a crack before us newbies..
[This message has been edited by lymemomtooo (edited 18 August 2004).]
posted
I was 16 when I was dxed. My parents had taken me to numerous neurologists who dismissed it all as a scheme to get attention. They never tested me either. I went to a lawyer. I was told that because so many doctors missed it, I couldn't claim that any one of them should have caught it. It's a catch 22. For those of you with children who've been affected this way, take heart that if the system changes in the future, they have until they are adults to sue.
Posts: 8 | From Flanders, NJ 07836 | Registered: Jul 2004
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Lishs mom
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Member # 2344
posted
Have you written to Pataki yet? Please see post in medical on "easiest way to find a lyme doc" or "OPMC reform by either melanie or ellen.
This is where it has to start
If you now have the "diagnosis" and it is backed by a good doc. report the DUCK to your state board.
Lishs mom
Frequent Contributor (1K+ posts)
Member # 2344
posted
AMEN RITA
quote:Originally posted by Rita: Our LLMDS ARE targeted. We're losing them in AZ, NY and everywhere else. We've lost them in Oregon, NY, MI and others are in serious danger. For heavens sake, Dr Blieweiss commited suicide when they went after him.
All ducks should have the arrogance sued out of them. Only when misdiagnosis becomes as rough on them as it is on us, will things change.
I say SUE! I think the best way to get money out of them is to sue them for using "for surveilliance only" CDC criteria as "diagnostic". Lyme should be a clinical diagnosis and, in spite of the CDC rewording, they still use the test as "diagnostic".
First write to the state govenor and ask them what their criteria is on dianosis of lyme. When they respond with the CDC guideline (clinical diagnosis) supportive lab is excellent... Then USE THAT against the doctor.
Thank you so much for all of your input! I am not sure which way I want to go-- as of today. I'm not sure if I want to try and repair my relationship with my duck and educate him - and her - (team practice) or if I want to sue the shi.... out of them or at least try.
As you can relate, I'm sure, as of today the only energy I have is to work as I can do my meds and crash. Oh ya, and check in with ya'all every few days. I can't even begin to express how comforting it is to have found this site/discussion!
Thank you again for everything. I'll print and save all that you have shared and if I do anything in the future I'll post.
just don
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Member # 1129
posted
Rayne, Unfortunately there problem is not illegal or immoral or anything you will collect on. They say, you say, there you go, who will win? What they ARE blatantly and certainly guilty OF is STUPIDITY and you cannot collect on that. You have two chances here. Slim and none. Sorry- Me too would do it in a heartbeat if I thought it would do one ounce of good other than to drain tens of thousands, maybe even hundreds of thousands or millions before they would ever quit appealling the decision from YOUR pocket. Money better spent on YOUR treatment. Most attorneys would not even take such a case unless you are paying by the hour. And its a very short hour, to be sure!!!!
Posts: 4548 | From Middle of midwest | Registered: May 2001
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posted
Think alot of here have some pretty frenzy type stories on the abuse alot of us have taken. I worked in the field still got it.
Personally for myself would not know where to begin my list of poor medical treatment from all types of doc`s not knowing what was wrong.
Hate to say it we would love to. Maybe all out civil or I am so tired can`t think of the type of court you may have a chance in. Can sue upto 5 grand now I think. You know the ones they have in TV. But DUH.
How about class action from all of us against CDC. Course the attorneys get all the $$$, then.
Honestly prob. not a snowballs chance in hell. Too many outs on their side.
I am angry if they would have just added antibiotics when I was in with the meningitis/as we now know prob. lyme. Could have saved my life. Besides for 10+ yr. mis-dxes. I have lost count of all the poor doc`s & lack of correct treatment, Know I am not alone.20 yr. later still not getting proper treatment. I know you are plain frustrated. But you may want to give it alot of thought......Take Care....
They just have too many loopholes doc`s can jump through. Good Luck, Just hate to see you chasing more good money after bad.
Posts: 746 | From Clearwater/fl/Pinellas | Registered: Jun 2003
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bettyg
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posted
fyi - I'm late in reading my monthly aarp'S BULLETINs. In the APRIL 2006, pages 10-11, is a nice 2 pages of info about malpractice.
posted
We gain strength, and courage, and confidence by each experience in which we really stop to look fear in the face... we must do that which we think we cannot.
~~ Eleanor Roosevelt
Posts: 8337 | From the other shore | Registered: Jul 2002
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just don
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Member # 1129
posted
Just one more word on this subject.--
Ever heard of Camp A and Camp B. Which one you spose they will be quoting??? Spose they are NOT going to 'Steere' any lawsuit to the toilet and quote the standard of care that "WE" DONT subscribe to???
I just think lawsuits are silly anyway,(read a waste of money AND time) just let the ducks treat all the sniffles and broken arms etc. which is all they are excellent at, for all the rest of the worlds minor, 'regular' every day ills. "WE" can go see the few LLMD's who DO have a clue. Just think of us as specalized cases that we need to see a specalist for..
my 2 cents for what its worth as --just don--
-------------------- just don Posts: 4548 | From Middle of midwest | Registered: May 2001
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posted
Rayne, ALL GOOD advice!!! I agree with everyone.... it's tough, and it's hard to prove malpractice.
I have an article that I posted here before. It gives hope to those of us who have suffered. It was a civil suit alleging breaching standard of care. Lyme lawsuit
Jury awards $1.7 million to Cecil teen
By Carl Hamilton, Whig Staff Writer (Maryland, USA)
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 problems. 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. (read more at the link)
Gail
-------------------- Strength does not come from physical capacity. It comes from an indomitable will ~ Gandhi Posts: 562 | From Wellsville, PA, USA | Registered: Jan 2004
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bettyg
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Gail, that was really interesting. I clicked on the link but my pc must be running super slow & I gave up on it.
I did a SEARCH the other day when I went to put my comments on here, and found 2 talking about malpriactive in their subject lines.
posted
Yeah i thought so too. Last I heard attorney Ira Cooke had to do some jail time.
But the whole scenario is very interesting!!
They must have really done their homework if the jury award was that big!!!!
From what i get they didn't really focus on malpractice......and i get what CrimeofLyme said previously. This was on standard of care and one doctor was found guilty of it (and still practicing) and the other was not guilty of breaching standard of care.
Anyway i wish more attornies would look at the merits of this case and see if it could help them and their clients.
For what it's worth.........
Gail
-------------------- Strength does not come from physical capacity. It comes from an indomitable will ~ Gandhi Posts: 562 | From Wellsville, PA, USA | Registered: Jan 2004
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posted
I don't think the people who won this suit ever collected the award, which means the attorney did not get paid as he was on contingency basis. Bankruptcy filed, etc. to avoid paying. Weaseled out, in other words.
Posts: 8430 | From Not available | Registered: Oct 2000
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timaca
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Member # 6911
posted
I probably could win a lawsuit. I was a perfectly healthy, athletic person (very athletic) who hurt her knee.
When to an orthopedic doctor and got a steroid shot to the knee. Began to fall apart 3 weeks later (steroid shot activated latent lyme in my knee).
After knee surgery shortly thereafter, had a J-H reaction to the IV vancomycin given during surgery.
Wound up in the orthopedic office in severe full body nerve pain.
He had no idea what was going on.
After a year and a half of getting very ill, finally figured out it could be lyme, and was diagnosed definitively by Dr. F at Columbia.
My medical expenses last year were in excess of $65,000. My life has been turned upside down by this lyme disease (as you all know, so I won't go into details).
So, yes, I could probably sue...and part of me wants to....just to get the orthopedic doctors attention so that they will learn about lyme, and steroids and lyme.
But, I won't. Instead, today I got the editor's names off the web for the Journal of the American Academy of Orthopedic Surgeons. I'm going to see if someone will listen to me and help me educate the doctors.
This doctor was trying to enable me. Unfortunately, he disabled me instead. It wasn't his fault, really. He had not been taught.
With God's help, I hope to change that.
Timaca
Posts: 2872 | From above 7,000 ft in a pine forest | Registered: Feb 2005
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bettyg
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Timaca, I admire your attitude! Educating others so they don't hurt other lymies like us.
God speed your work with the MDs... Bettyg
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Foggy
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Finding a lawyer who'll gamble on one of these cases might be as challenging as Lyme recovery.
Posts: 2451 | From Lyme Central | Registered: Aug 2001
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