Topic: Has anyone sued a doctor for malpractice???
Judie
Frequent Contributor (1K+ posts)
Member # 38323
posted
My friend is freaking out and wants to know her options.
Four years ago, my friend started having horrible symptoms. She saw an infectious disease doctor who specialized in fibromyalgia.
The doctor tested her for Lyme and said to her at the time that she had some positive bands, but she doesn't think it's Lyme, just fibromyalgia.
Flash forward to yesterday. She looked at her test from 4 years ago (it was done through Labcorp). It says she's CDC positive for Lyme based on the IgM bands (no IgG bands).
Last week she got diagnosed with chronic Lyme from a different doctor than the first one (this doc ran and Igenex test and she's CDC positive on that too).
Her health has been falling apart. She's pissed that the first doctor dismissed a CDC positive Lyme test. She wouldn't be in this boat except that she trusted the first doc.
Does she have any recourse against the first doctor???
Posts: 2839 | From California | Registered: Jul 2012
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Rumigirl
Frequent Contributor (1K+ posts)
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posted
She should talk to a good lawyer. That sounds terrible!!! It sounds like malpractice to me. I'm not a lawyer, so she would have to see. And if one lawyer doesn't want to take it on, she could try another.
It would be ideal to get a referral. Or at least check reviews, etc. online.
Of course, the other issue is: Will she have the time and strength to pursue it while treating Lyme? It would probably be too much stress. But she can check out her options.
Lawsuits take A LOT of time to document everything, follow up on it, etc. But she surely should get some $$ for this, which she will need to treat! Horrible.
Posts: 3771 | From around | Registered: Mar 2008
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Judie
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posted
Thanks! I'm sure she'll appreciate the sympathy. She feels so alone.
She's in New York by NYC. Is there anyone who lives out there that she can connect with? I think it'll be helpful if she has some support closer to home.
I don't think she knows anyone with Lyme in her state and I don't think she's well enough to get herself to a support group yet.
Posts: 2839 | From California | Registered: Jul 2012
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lpkayak
Honored Contributor (10K+ posts)
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posted
I remember years ago at one of the first conferences there was a lawyer presenting a case he won helping a lyme patient
He was there trying to drum up business for himself and we wereall happy about it
But it fizzled out-i think the oppsition showed no reliable tests or something so couldnt hold docs accountable
Then lawyers stayed away from lyme. They like easy money when president is set
But it is a
-------------------- Lyme? Its complicated. Educate yourself. Posts: 13712 | From new england | Registered: Feb 2004
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lpkayak
Honored Contributor (10K+ posts)
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posted
But it is a new time with new blood...maybe someone will think it is worth fighting for
It is possible tincup will remember-i think this happened at a conference she was at...it might have been in reston. Va. Too long ago for me to remember for sure
-------------------- Lyme? Its complicated. Educate yourself. Posts: 13712 | From new england | Registered: Feb 2004
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poppy
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Member # 5355
posted
I see several problems with it.
1. What is the statute of limitations in that state for such a case?
2. How long did she have symptoms before the first test? If quite a while, not recent anyway, the opposition and the CDC is claiming that you can only have a positive IgM that means you have the disease at an early stage. At a later stage, the IgG is positive.
We know that is not true, because the IgM can show up later, presumably with antigen shifting or relapsing. But that will be used against the patient if it was not a recent case. Basically, the CDC has the back of all those docs who don't get it right.
3. This case will involve the doctor she has now because both sides will be using expert witnesses. If her current doctor is in NY, that may not happen because the state medical board went after every lyme doctor in the state, and it seems unlikely that any of them are going to want to get involved in her legal case. She is lucky to be getting any treatment in that state.
[ 03-18-2014, 03:50 PM: Message edited by: Robin123 ]
Posts: 2888 | From USA | Registered: Mar 2004
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poppy
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posted
Here is a link for NY on statute of limitations. Looks like she is out of luck on a medical malpractice case.
posted
What poppy said is very true. That is how they get out of treating us.
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96222 | From Texas | Registered: Feb 2001
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Judie
Frequent Contributor (1K+ posts)
Member # 38323
posted
"What is the statute of limitations in that state for such a case?"
She did talk to one lawyer and the statute of limitations resets because she didn't know there was malpractice till now. She also treated with the fibromyalgia doctor for over a year after the non-Lyme diagnosis, so it may still be in that statute anyway.
"How long did she have symptoms before the first test?"
She had just started having symptoms when she saw the fibromylgia doctor, it was new and just snowballed after that because she didn't receive antibiotics.
She's IgM positive now and IgG bands showed up on the last test, though not enough to be positive on that. She has VERY LOW CD57 (like 15).
Posts: 2839 | From California | Registered: Jul 2012
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poppy
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posted
Well, I am no expert on this, but even if she gets over the first two hurdles, there is the problem of expert witnesses. Unless she can find someone not involved in her care that could do this. Better sound out her current doc to see what reaction she gets, even if the doc would not be involved as a witness.
Believe me, I wish it was easier for us to sue, because a few high profile cases that were won, would make a difference.
My case was missed at the early stage too, and here I am all these years later still needing treatment. I didn't know much about lyme at the time I went to a doc for a swollen knee probably about a month after the bite. Did not see the tick, did not get a bulls eye rash, rather it was one of the small "atypical" red marks. The doc did not test me for lyme. So both of us were ignorant, only I was the one that suffered. After my diagnosis, three years later, I wrote to the doc (in Texas) and told her the diagnosis and symptoms. Never got an answer.
Posts: 2888 | From USA | Registered: Mar 2004
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Judie
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Member # 38323
posted
Wow Poppy. So much ignorant.
My friend did contact the original doctor via email and that doctor said she gave the wrong diagnosis after reviewing the test results again.
My husband just showed me what looks like a Lyme rash on his arm yesterday and is postponing the doctor looking at it. Sheesh....
Posts: 2839 | From California | Registered: Jul 2012
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randibear
Honored Contributor (10K+ posts)
Member # 11290
posted
I have several friends in the same boat. misdiagnosed as fibro then years later finally with lyme.
one was even hospitalized with bipolar disorder.
one went to lawyer but she didnt have the money and couldn't find doctors willing to admit there's lyme in texas.
-------------------- do not look back when the only course is forward Posts: 12262 | From texas | Registered: Mar 2007
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poppy
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posted
Judie, you probably already know this, but be sure to photograph that rash your husband has. If it changes, keep photographing it.
Posts: 2888 | From USA | Registered: Mar 2004
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GretaM
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Member # 40917
posted
I am sorry your friend had an ignored CDC positive.
My blood is boiling mad for her.
If we could win just one malpractice, then it would help us get treatment quicker.
Mine was the same. EM rash. Dx'd as EM by a dermo. Textbook lyme symptoms. But I hadn't travel to Ontario or eastern US so it was dismissed. Literally, "Everything points to lyme, but you haven't travelled East and we don't have lyme in BC".
And that was it.
But then, who does one sue? The doc who know what lyme symptoms look like and is 99% certain of a clinical dx? Or the BC CDC who sends out inaccurate stats stating the odds of lyme in BC are nil?
It starts at the CDC IMO. Posts: 4358 | From British Columbia, Canada | Registered: Jun 2013
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poppy
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posted
You're so right, Greta. If the government health agencies in any country were getting this right, then the doctors would follow suit. As long as doctors who think for themselves and get it right are punished for this, we will continue to have a public health disaster and injured patients.
Posts: 2888 | From USA | Registered: Mar 2004
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GretaM
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posted
Exactly. Well said, Poppy.
Lyme doesn't make us chronic. CDC negligence does.
Posts: 4358 | From British Columbia, Canada | Registered: Jun 2013
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glm1111
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Member # 16556
posted
I am not an expert, however, the fact that the first test showed she was CDC positive and wasn't treated should IMO, be enough for the basis of a law suit.
It doesn't matter whether it was Lyme or cancer. What matters is that she wasn't treated and has suffered because of it. I would contact a medical malpractice atty. Just my 2 cents.
Gael
-------------------- PARASITES/WORMS ARE NOW RECOGNIZED AS THE NUMBER 1 CO-INFECTION IN LYME DISEASE BY ILADS* Posts: 6418 | From philadelphia pa | Registered: Jul 2008
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Judie
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Member # 38323
posted
Gael - That's my feeling about it. Sort of like getting a positive cancer result and giving someone a salve to rub on a rash.
To go off topic a bit (I've been so stressed out about what's going on with the people in my life):
"Judie, you probably already know this, but be sure to photograph that rash your husband has. If it changes, keep photographing it."
Yes, I took photos and insisted he go to the doc.
The doc took a look and said, "That's not a typical mosquito bite."
The doc immediately started him on a combo of meds and he's testing Lyme in a month.
Posts: 2839 | From California | Registered: Jul 2012
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lpkayak
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posted
The difference between cancer and lyme is the cancer tests are accepted by everyone and the lyme tests are not
I deal with this all the time cuz i have both dx
I am much sicker from.lyme...but offered way more treatment and services for cancer
-------------------- Lyme? Its complicated. Educate yourself. Posts: 13712 | From new england | Registered: Feb 2004
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1. The practitioner did not follow what is considered to be, by the general medical community, accepted standard practice.... by either action or inaction.
2. That action or inaction results in demonstrable harm to the patient.
So... what is the accepted standard practice regarding reading these tests and providing treatment based on these test results?
And, is it that not being treated for 4 years is considered, by the medical community, patient harm?
Those are the questions to answer here.
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kam
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Member # 3410
posted
I sure hope she can. I think it will help many of us.
On the other hand, I had doctor's tell me even if it did come back positive that there are false positives.
I would think one would need some scientific back up for that.
I had the tests taken from several doctor's I saw. They said my test came back negative.
But, when I asked for a copy of the test they said they had lost the test and there was no reason to do it again.
weird and freaky.
I had about 3 different doctor's loose my test results...when I told my lyme doc about this..
..he said that happens a lot and that the tests were most likely positive that is why they were lost.
Posts: 15927 | From Became too sick to work or do household chores in 2001. | Registered: Dec 2002
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kam
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posted
When I first came down sick, I contacted a lawyer to see if ther was anthing thinga tcan be done.
The lawyer said that if the doctor is igorant of a diseae that you can't take him to court for it.
Sheesh.
I had postiive test results from igenex, dx by two infection disease docs that I had paid out of pocket to see and dx by a LLMD
The local doc who took my insurance refused to treat me for lyme disease saying he was one of those ignorant doctor's when it came to lyme.
Posts: 15927 | From Became too sick to work or do household chores in 2001. | Registered: Dec 2002
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kam
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posted
He was the first doctor I had seen when I came down sick....fast forward 2 years after I finally got a dx and went back to him for treatment.
Posts: 15927 | From Became too sick to work or do household chores in 2001. | Registered: Dec 2002
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posted
I already went down this road because one of my best friends is a lawyer. Unfortunately, there is not much of a case unless gross negligence is proven. An example would be amputating the wrong leg. Lyme treatment is not cut and dry.
The courts tend to favor the medical defendant and that is a fact. The biggest obstacle is the whole CDC vs ILADS standards.
I know this is frustrating because I was late stage myself when starting treatment but please let it go. It is not worth the aggrevation so use your energy to heal up.
I was treated for 3.5 years on ABX and made many drastic overhauls in my lifestyle to get better. It worked and have been off ABX for a year.
Good luck
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