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    Can You Sue for misdiagnosis?

    After being diagnosed 6+ yrs ago and being treated with a very expensive drugs for 3 of those yrs. Can you sue said Dr. for misdiagnoses? After all this time he says that "you do not have nor ever have had MS!" A second Dr has confirmed that their is no MS !
    What now? How do you tell your insurance co. that they have been paying for very expensive treatment/medications?

    How do you explain to everyone that "Oops! It was all in my head! Don't worry I was just pretending all along" Ha Ha!!!!
    Sissy

    #2
    Yes you can sue the doctor! And I'm sure the State Medical Board in your state would like to hear your complaint. Be aware that you will need a 'malpractice lawyer'! You should make an appointment with the lawyer and ask if the initial consultation is free of charge ! Ask someone that you trust to recommend a malpractice lawyer. If you have a 'solid' case, you will be on your way. You may inquire of the State Medical Board the names of lawyers that have presented cases in front of the board. Good luck

    Comment


      #3
      Hi Sissy,

      There is no definitive test for MS so, sometimes a misdiagnosis or someone getting undiagnosed does happen. I would be curious how you received your diagnosis to begin with and why now your Neurologist is saying you don't have MS.

      How do you tell your insurance co. that they have been paying for very expensive treatment/medications?
      You do not need to notify your Health Insurance Company.

      How do you explain to everyone that "Oops! It was all in my head! Don't worry I was just pretending all along" Ha Ha!!!!
      Sissy, you are worried way too much about what you need to say and to whom. If you feel you need to say anything all that is needed is the Dr. made a mistake and you don't have MS.

      If you truly don't have MS be very happy and thankful. I would seriously love to hear my diagnosis was a misdiagnosis.

      As far as legal action --- step back and take a deep breath.

      You can file a formal complaint with your State Medical Board but if you decide to do so please read the guidelines of what is considered an legitimate complaint and what you need to prove your complaint.

      Even if you do this there is no guarantee that legal action will be taken by the Medical Board. You do not need a Lawyer to do this.

      Take care, Sissy
      Diagnosed 1984
      “Lightworkers aren’t here to avoid the darkness…they are here to transform the darkness through the illuminating power of love.” Muses from a mystic

      Comment


        #4
        Can you share how this diagnosis of NOT having MS confirmed?
        Just curious why they say now you don't have MS.

        Thanks!

        Comment


          #5
          I feel that I must clarify my earlier post.
          If you were given a diagnosis of MS, and the doctor used the proper diagnostic tools and he arrived at the diagnosis incorrectly, it is possible that the doctor simply made an honest mistake. I find that highly unlikely! My feeling, expressed in my earlier post, is that you should expose this mistake to protect others that may find themselves in this predicament. Good luck

          Comment


            #6
            Originally posted by SNOOPY View Post
            Hi Sissy,

            There is no definitive test for MS so, sometimes a misdiagnosis or someone getting undiagnosed does happen. I would be curious how you received your diagnosis to begin with and why now your Neurologist is saying you don't have MS.



            You do not need to notify your Health Insurance Company.



            Sissy, you are worried way too much about what you need to say and to whom. If you feel you need to say anything all that is needed is the Dr. made a mistake and you don't have MS.

            If you truly don't have MS be very happy and thankful. I would seriously love to hear my diagnosis was a misdiagnosis.

            As far as legal action --- step back and take a deep breath.

            You can file a formal complaint with your State Medical Board but if you decide to do so please read the guidelines of what is considered an legitimate complaint and what you need to prove your complaint.

            Even if you do this there is no guarantee that legal action will be taken by the Medical Board. You do not need a Lawyer to do this.

            Take care, Sissy
            I agree and for others would also add this supports the value of a second opinion.
            He is your friend, your partner, your defender, your dog. You are his life, his love, his leader. He will be yours, faithful and true to the last beat of his heart. You owe it to him to be worthy of such devotion.
            Anonymous

            Comment


              #7
              Thank all you for your opinion's and or comments!
              jlk9498: Also a confusing mess to me, first I forgot to say that this was a new neuro who said this after an MRI last mo.

              My old Neuro said I had Benign MS in 2009 after MRI and all the usual tests. He put me on DMD 2011. In 2015 he does an LP and says I "DO NOT HAVE MS "!! He then stops DMD cold turkey. Then to add insult to injury! "HE SAYS TO GO BACK TO DR WHO GAVE ME THE DX!?!" He did not remember diagnosing me!!

              I feel like an idiot!! Walking around with all these SX's and disabilities....to WHAT?? Its like having Braxton hicks, when your not even pregnant!!
              Sissy

              Comment


                #8
                Originally posted by Sissy View Post
                My old Neuro said I had Benign MS in 2009 after MRI and all the usual tests.
                Sissy, do you know what your test result were when you were diagnosed? What tests indicated MS as the cause of your symptoms?
                Diagnosed 1984
                “Lightworkers aren’t here to avoid the darkness…they are here to transform the darkness through the illuminating power of love.” Muses from a mystic

                Comment


                  #9
                  Originally posted by Sissy View Post
                  Thank all you for your opinion's and or comments!
                  jlk9498: Also a confusing mess to me, first I forgot to say that this was a new neuro who said this after an MRI last mo.

                  My old Neuro said I had Benign MS in 2009 after MRI and all the usual tests. He put me on DMD 2011. In 2015 he does an LP and says I "DO NOT HAVE MS "!! He then stops DMD cold turkey. Then to add insult to injury! "HE SAYS TO GO BACK TO DR WHO GAVE ME THE DX!?!" He did not remember diagnosing me!!

                  I feel like an idiot!! Walking around with all these SX's and disabilities....to WHAT?? Its like having Braxton hicks, when your not even pregnant!!
                  A red flag is that he used the term benign MS. Second thing, the absence of O bands based on LP does not necessarily mean you don't have MS.

                  Did the original MRIs support diagnosis with both brain and spinal lesions? If so, did the do bloodwork to rule out other MS mimics?

                  The second neuro who agreed no MS now, is he a specialist? I would make sure you have a good MS neuro involved.

                  If not MS, are they working to find a cause for your symptoms?

                  I am so sorry you are going through this. I do hope you don't have MS, but hope you get answers for your symptoms.
                  Kathy
                  DX 01/06, currently on Tysabri

                  Comment


                    #10
                    Sissy

                    I have thought about this all weekend.

                    After 16 years, if someone told me I did not have MS...I might have to cream some corn. Because, if its not MS...its something...and its not mental.

                    If they undiagnosed you just because of a normal LP...they don't know what they are doing.

                    Dont say anything to the insurance company and find yourself a really good MS Specialist.
                    Katie
                    "Yep, I have MS, and it does have Me!"
                    "My MS is a Journey for One."
                    Dx: 1999 DMDS: Avonex, Copaxone, Rebif, currently on Tysabri

                    Comment


                      #11
                      My husband is FURIOUS !! He says he knows me pretty well after 48yrs and has a pretty good idea of what I have going on!! He says these idiots aren't even trying DX me.

                      After my DX in summer of 2009, in hospital
                      stay (with steroids and a lot more testing). I came home feeling better than I had in a long time even though my physical SX cont. to affect me.

                      I refused to to go back to the hospital at later times for my relapses because of how the steroids affects my diabetes. I just dealt with them the way I had for years.

                      But in spring of 2011 my Neuro decided to put me on a DMD, Gilenya. I did well and no relapses. I was pleased with the slowing of progression until my Neuro Dr decided to do an LP in 2015. They called it a traumatic stick (it took 3 sticks)but I refused to have it redone. I had pain and numbness for 3 mo. The results were negative, so he decided after all this time that I "did not nor did I ever have MS !!?!

                      So he stopped my DMD's cold turkey!?! My daughter and I both tried to question him but he would not even face us. He told me to go see the Dr that gave me my DX ?!? We could not believe he said that!! We both said at the same time "YOU DID!!". He finally looked at us and seemed stumped!!

                      I thought i was going crazy!! I was so exasperated I tried to run ( as fast as a person using a rolator could!!) out of the room!! I did not want to hear him anymore, he told my daughter to take me to an MS SPECIALIST !! We thought he was one! That's why we were seeing him!! He then proceeds to tell us " no he really doesn't know anything abt MS!!"

                      After that he only talks to my daughter, I didn't want to do anything else but give up and go home an die. The next week I broke out in "Shingles ".. That was last spring and I'm still suffering.
                      Sissy

                      Comment


                        #12
                        Originally posted by Sissy View Post
                        A second Dr has confirmed that their is no MS !
                        Did the second Neurologist do any testing for MS? If the second Neurologist determined you didn't have MS based on test results then it's time to move on from MS.

                        I am sorry there has been confusion. I know it's difficult to process and has left you wondering "what the heck" but if you don't have MS, you don't have MS.

                        Staying angry isn't going to help. You might check in with your Primary Care Physician and see if he can figure out why you are having symptoms.
                        Diagnosed 1984
                        “Lightworkers aren’t here to avoid the darkness…they are here to transform the darkness through the illuminating power of love.” Muses from a mystic

                        Comment


                          #13
                          I feel that you are in some deep stuff! I would look for another opinion from an MS specialist. I think you need to get a complete blood work up (CBC). You need to get your B-12 and Vitamin D levels and don't accept your doctor's assurance that "They're OK"! Get the actual numbers and keep track of them ! Tell your PCP that you can't accept the way that you feel. Good luck

                          Comment


                            #14
                            Originally posted by Sissy View Post
                            My husband is FURIOUS !! He says he knows me pretty well after 48yrs and has a pretty good idea of what I have going on!! He says these idiots aren't even trying DX me.
                            What does that mean, exactly?

                            Sissy, do you really want to sue, or are you just blowing off steam?

                            So far, no one has talked about what it will take for you to sue for misdiagnosis, and what it will be like.

                            For you to have a viable lawsuit, you must prove that 1) your neurologist was medically negligent, i.e., that he violated the standard of care and did something wrong, AND 2) that you incurred harm that was a direct result of the alleged negligence. Both of them are necessary.

                            A malpractice lawsuit will be expensive and arduous. You'll have to hire an attorney to represent your claim and find a way to pay him/her. An attorney won't take your case if there isn't a chance of your winning a monetary award that will pay for the amount of time spent on the case. The attorney will take from 1/3 to 1/2 of your award.

                            You'll have to hire a neurological expert to review your medical chart to prove malpractice. You'll have to hire a neurological expert to testify as an expert witness in court. You'll have to hire other medical experts to evaluate you and testify about the harm that you claim you suffered as a direct result of the alleged negligence. Those are more expenses that will cut into any award you might get, and those doctors aren't going to be willing to wait until the end of the trial to get paid.

                            You'll have to testify, and the defense attorney will absolutely grill and humiliate you on the stand. The story you've told here over several posts is already somewhat unclear and contradictory, so you're going to have to work very, very hard to learn to testify well and then actually do it. How you perform on the stand can make or break your case, and if you lose you'll be up to your eyeballs and beyond in debt with what you'll owe everyone you had to hire in support of your case.

                            The defense attorneys and insurance lawyers are extremely well paid, and you'll have only the attorney you hired. They can and will drag your case out for months, even years. You'll have to pay your attorney for all of that time.

                            If finding the resources to get to one medical appointment was a major ordeal, and if all it took to send you home wanting to die was one man saying one thing you didn't like the sound of, do you believe you'll be able to stand up to months of an expensive, arduous trial that involves you being publicly humiliated in the courtroom? Because that's what a malpractice trial will involve.

                            So do you still want to sue your neurologist for misdiagnosis?

                            Comment


                              #15
                              Originally posted by jreagan70 View Post
                              you must prove that 1) your neurologist was medically negligent, i.e., that he violated the standard of care and did something wrong, AND 2) that you incurred harm that was a direct result of the alleged negligence. Both of them are necessary.
                              The same will need to be proven if you file a formal complaint with the State Medical Board. The difference is you do not need an Attorney.

                              The Medical Board will investigate and if your complaint is found to have merit based on the information you provide, their Codes of Conduct, Malpractice, ect. and what their own investigation revels The Medical Board can take (legal) action. The (legal) action The Medical Board takes can vary but you would be notified, in writing, one way or the other. Even if you pursue this route there is no guarantee action will be taken against the Physician.
                              Diagnosed 1984
                              “Lightworkers aren’t here to avoid the darkness…they are here to transform the darkness through the illuminating power of love.” Muses from a mystic

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