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10/27/2008 13:02
TiffanyL
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Hey everyone!

I was diagnosed with chronic Lyme in May of 2008, after 3 years of battling doctors and being misdiagnosed several times. I, like many Lyme patients, was left all on my own to figure out what I had and seek out a doctor that would treat it. I had the picture perfect bulls eye rash 3 years ago, was put on antibiotics before being given a blood test, and then the blood test was taken after about a week of antibiotics. My initial test came back positive, but the confirming test came back negative, even though several bands were present. My doctor decided I never had Lyme Disease, stopped my treatment and I want on with life. 3 months later I started to get very sick.

After being told I had everything from fibromyalgia to lupus, I started to question the doctors I was seeing on the possibility of Lyme and it was very quickly rejected by all of them with 'you never had Lyme Disease' and 'even if you did, you were on antibiotics'....I started researching Lyme more on my own and as symptoms continued to show, I became more certain that I needed to get a doctor to at least take my Lyme claim seriously and examine the possibility.

After demanding an echocardiogram in February of this year, to the reluctance of my doctor, it did reveal heart problems associated with Lyme. Even in light of proving to my doctor that I knew what was going on with my body more than he did, he still insisted it was nothing and they'd do another echo in 3 years.

I immediately decided to seek out a Lyme certified doctor to at least hear from him whether or not I had it. Turns out I had a highly advanced form of chronic Lyme made worse by my previous' doctors treamtent of steroids.

I'm at a point now where I'm starting to recover, but it's had a devastating affect on my life. I got married about 2 months before I got very sick, but haven't been able to work for the last 3 years. My husband doesn't make enough to support us both, but we're doing everything we can to turn up extra money each month to get by. Treatment is expensive and insurance covers nothing because my doctor is both out of network and integrated medicine.

We're left wondering if the only way to stay afloat is to try to recover lost wages from my doctor, t we're not sure how successful that would be given the controversy surrounding the illness. I have all the notes from my charts for the last 3 years and even through my persistance was not only told I didn't have it, but it was made worse by the medications they gave me out of ignorance. Had it been treated properly from the beginning, it wouldn't have been nearly as devastating or expensive.

I'm wondering if anyone out there has pursued legal action and what you've found out. I've heard rumblings of class action lawsuits being not too far in the future, but that's all I've been able to find out.

Any input or advice is welcome!

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10/27/2008 13:11
Julie4848
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Posts: 1367
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Would your LLMD go to court with you? Its pretty hard to fight doctors, they always find a way out of it.

I would at least call a lawyer and ask him, most times its free to speak to them, as if you win they take around 33%. (I used to work for lawyers 5 years ago)

Julie

Lyme will not win, we will and we WILL…

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10/28/2008 10:19
cmany
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What you would need to do is find a lawyer and/or firm that was both knowledgeable and willing to take the case.

I mean when you really think about it, despite what the disease is, your doctor neglagently and willing dismissed the evidence and the information that could have made you better, and you got progressivly worse.

What we do need is for something like this to happen - but it needs lots of press and media. Most likely, the doc's insurance would work to settle out of court in order to keep the outcome quiet - the last thing that they want is for more people to step up to the plate and take the docs to court...although that would probably be the changing factor...Make the doc's insurance companies be the push we need for the actual recognition...but it takes lots of money...

You may want to check with your local news stations - they often report on things like this.

Years ago, in NJ i remember there was a lawyer who was going after docs who had mismanaged and misdiagnosed cases - i just dont know what has come of it. BUT I am sure a real bulldog of a lawyer who really wants to make a name may be willing.

Definately talk to your doc...if you can prove, if your case has been well documented, and it can be proven that had the initial doc acted appropriately, you may have something...then check with a lawyer/firm that specializes in medical cases...

Good luck

Christine

Post edited by: cmany, at: 10/28/2008 10:21

I know what I am and I know what I am not

Never put it past this disease to be the culprit - but we also cant brainwash ourselves into believing that it is the only thing

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11/17/2008 19:53
momcat1011
Posts: 15
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To a certain extent your chance of success depends on what state your are in-- for example, in TN most PIs will not take a medmal without patient death-- however, this is not true in Mississippi. The best place to start is call the State Bar association and ask for a list of PI (Plaintiff ) attorneys and start calling. I was bitten in a hotel and discussed this with the second IDS and he said I could never prove that I had Lyme by a medical certainty--even with a positive Western Blot. The state of medicine is so primitive in that on cannot determine if a bacterial infection exists. I understand that the NIH had an experimental test? I do not understand why PCR is not more successful in this applications??

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