I am curious as to whether/not anyone has considered taking legal action against any medical professionals due to delayed diagnosis?
I personally spent 2 years fighting for diagnosis, was given the old "it's not Lyme, you need a psychiatrist" rubbish by medical professionals who refused to educate themselves, actually listen to me, or even read some of the resource/educational materials that I researched and brought into them for review.
This was at a local health center that is, for many in my area, the one and only outlet for medical care. And this is in a Lyme-riddled area where "professionals" should be well educated and at least open to the various different non-Western Blot routes to diagnosis, and be willing to at least connect their patients with people who WILL make the diagnosis if they are either unwilling or uncomfortable with it.
I am not the only case here, and my fight for diagnosis was successful after *only* 2 years partly due to the experiences of others that I've met along the way.. one of whom ended up in a wheelchair before finally being diagnosed. And my life has significantly changed; what may well have been "curable" is now only manageable, and I may well require antibiotics for as long as I live and breathe.
Obviously I know that I stand little chance of winning.. these "professionals" are certainly protected by industry-wide ignorance, what they are taught, and, in many cases, what they are allowed to practice. And, I know that this has improved, but certainly not enough, and I am no less angry now than I was when I was stuck in the middle of the process.
Has anybody else considered legal action? Actually contacted an attorney? If so, what were you told?
Truthfully, I expect nothing out of it other than to call some attention to what has happened and continues to, and to, on some small level, make them accountable, and to play some small part in forcing some change.
I can't be the only one?
Thanks, Neil
Posts: 14 | From Cape Cod | Registered: Feb 2008
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tickled1
Frequent Contributor (1K+ posts)
Member # 14257
posted
I've been tempted but because I still don't test positive according to CDC I don't think I'd get anywhere.
Have you tested positive?
Do you know if anyone has ever won a case like this?
Posts: 2541 | From Northeast | Registered: Jan 2008
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posted
No, Laura, as far as I know it has not been done.. at least not successfully. Probably because we do, in fact, have little support our case.
But, for cripe's sake, we live in a world where people sue fast food chains because the coffee is too hot! And they win!
No, my diagnosis, although based on test results, would not fall under what the CDC recognizes. I'd have to check my results again (memory is crap), but the presence of __?___ showing in my results was enough for a qualified infectious disease specialist to get me diagnosed and treated.
I have to admit that my anger has been refueled by a very recent incident related to some strange oral growths that they dismissed as "normal," which have turned out not to be. I'd probably have a greater leg to stand on with this more recent issue, but I also accept that they are not the really the right people to turn to for oral issues.. so I'm happy to let this recent issue slide.. but the Lyme diagnosis I just plain can't get over.
I don't believe that I could win, and that is not the goal. But I would like to send a clear message that sooner or later somebody will if they don't open their minds and change their approach.
That's all.
I see that your in MA as well. Absolutely amazing to me that there's so many of us here that have faced the same diagnosis battles. It is absolutely unacceptable that this would be... anywhere, but especially not here.
It has to change.
Neil
Posts: 14 | From Cape Cod | Registered: Feb 2008
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just don
Frequent Contributor (1K+ posts)
Member # 1129
posted
As great of an idea that it sounds like,,,I really doubt this is going anywhere,,,JUST my opinion.
They will spout off the IDSA line of rhetoric which is bowed down to acrosss the country by unknowing 'professional' folks.
OUR view is regarded as the outside looking in theory,,,altho actually makes more sense after you talk to a million of us!!
IF there was a black and white line with NO two different camps,,,maybe.
Remember we are camp"B",,,A's come first,,,specially in the legal world of 'experts'
If you try this and fail,then what,,,where will you go for the cut hand,broken leg, and all the normal stuff??
They WILL remember who you are and have LONG reprocussions. Both you AND your family!!
Its a sad day when people put HOT coffee between their legs and burn themselves(and win) and sick people cant get well because of politics!!
Its the way it is,,,period!! Who ever said life was "FAIR"???
TRY and find a attorney who will take this on a percentage basis,,,IF they wont,,,THAT tells you something right there.
DONT let them talk you into a fee of umpteen hundred dollars per hour,,AND "oh you have such a GOOD case"!! Hours absolutely FLY by!!
If one takes this on,,,it is based on some personal issue in THEIR life,,,better find out the why before you try. There are LOTS of undercurrents in the legal world!!
Wish it wasnt so,,,but it IS--says --just don--
-------------------- just don Posts: 4548 | From Middle of midwest | Registered: May 2001
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CD57
Frequent Contributor (1K+ posts)
Member # 11749
posted
What about a class action suit? There are so mamny of us in the same boat.
Posts: 3528 | From US | Registered: Apr 2007
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Geneal
Frequent Contributor (5K+ posts)
Member # 10375
posted
My LLMD has many attorneys and judges and other physicians for patients for Lyme.
They have all gone through the same garbage we have trying to get diagnosed.
You would think one of them would initiate something even if is
Based on personal agenda for mis-diagnosis' if they thought they could win.
When chronic Lyme is a real diagnosis for ducks,
The excuse will be that all of our antibiotic use caused it I'm sure.
Keeps them from being responsible for mis-diagnosing.
My fear would be that we lose a class action suit....that could be very bad
And draw a great deal of negative attention to the few LLMD's we have
As well as our integrity as a bunch of "not so crazy sick people".
I lean towards truth always winning. However, just in proving our truth
With getting a permit to build a house cost us thousands of dollars.
Truth sometimes costs a lot of money and trust me when I tell you the other camp
Will play dirty. Remember, the bottom line is money.
Hugs,
Geneal
Posts: 6250 | From Louisiana | Registered: Oct 2006
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posted
I agree that w/o a cdc positive blood test, it would be hard to prevail in a lawsuit.
I have thought about bringing a class action case on behalf of lyme-injured children just turning 18 (to avoid statute of limitations problems) against the operators of Plum Island.
Although the case would likely fail--it might garner media attention to the bioweapon aspects of lyme.
Posts: 524 | From Hudson Valley, NY | Registered: Jul 2007
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bettyg
Unregistered
posted
neil, welcome to the board!
go to ACTIVISM section; found by going to lower right hand corner to box, use arrow, and these are ALL sections of lymenet available to us.
chose ACTIVISM; this has been discussed in detail; copy your link you started here, and paste it on the link of someone else there so all these comments can be in one place.
they are collecting any/all LAWYER'S name who might take this on!
i suggested DES MOINES, IOWA'S ROXANNE CONLIN since she/100 lawyers won around 1/2 BILLION $$$ PLUS MICROSOFT ANTI-TRUST SUIT against them for a monopoloy of MS on our computers.
Recently got my $96 check back for pc I bought during that time! lawyers WON 50% of settlement!
neil, I'll send you also my newbie package of info plus by private message.
pms are found left side, under HELLO by flashing light and in my profile!
glad you found us! we'd love a class action suit for FAIRNESS!
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posted
I contacted a major law firm in Ft Myers, FL, by e-mail and they said they would not take my case.
Coincidentally, I was bit in Lakeville, MA, about 18 years ago, it was embedded and had to be removed by laser in ER.
Now, no peripheral vision, legally blind, bad liver, stomach, constant pain, $20K poorer for unnecessary testing, had to quit 10 yr. job - medical office manager position in derm office, life's too hard.
Sorry for negativity, but have lots of bitterness about everything. Oh ya, we're trying to care for our 28 yo brain injured son. Was in car accident and thrown from vehicle. Had alcohol in his blood. Love him, but dont know how much more we can take.
Posts: 12 | From Cape Coral FL | Registered: Jan 2008
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Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
Rather than go after the dirty ducks...
Go after the tests.
We need to get them OFF the market.
If they weren't still on the market... none of us would be in this spot... and many to follow wouldn't be harmed too.
The ducks have patents on the test "parts"... so they will fight. And the ones who fight are the ones responsible for what is going on.
posted
Well, it looks like we are, in fact, going to do something. I'll update more as and when the situation allows.
Tincup; Not sure of who you might think the real "Neil" is, or if it might be me! Tried to PM you because you've left me curious, but it doesn't seem to be possible.
Neil
Posts: 14 | From Cape Cod | Registered: Feb 2008
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