To sue or not to sue? I need to know what you all would do in my situation.

Starfish

Mind fucked and broken
Joined
Feb 2, 2001
Posts
15,926
Okay, so I really know I've not been around in a long while, and there are an aload of new people running amuck, but I need some advice from those I know here, who know about my situation and anyone who can follow along and help me out.



I want to make it clear that the sueing my doctor question falls mainly in the idea that he has been treating me for 12 years and has disregarded the severity of my condition and has been extreamly apathetic to doing what is right for me. This whole schpeal is about why I have been advised to sue him but I need other opinions, than just one.


Last week, I had the CT scan run and I had an appointment for yesterday lined up for an insulin phoresis and some other panels and a pathology smear on my blood, and having ruled out diabetes and seeing high insulin, this was fine by me to have done.

My doctor told me he'd call me when he started getting test results in, and he hasn't. My CT scan results are in by now and he hasn't called me. :( Good news or not, it is his job not to delay and he is.

Well, I showed up at the appointment at the pathology labs yesterday and they are telling me all about what they are going to do, and I was ready to have blood and pee drained and all that crap. Then she said after they tested my sugar urine, that they'd make me drink... Glucola. :eek: I immediately said "Does that shit have color in it?" and she said "yeah, it's orange".

:eek: doublemuthafucking :eek:

So I said "you don't have clear sugar water or whatever? and they said "NOOOOOOOOOOOOOOO" (you know that long drawn out sloooooow motion 'no' you see in movies when a person is totally dissapointed. Yep. ) I said "unless you want to be admitting me into Toledo Hospital about 15 minutes to an hour after I drank the first drink then I can not take the test."

Well, They told me I could try a different Path lab right down the road, but I would have to schedual to get the test done because it is a three hour test. :mad:


Well, as mad as I was, I was glad I went to the other place.


Okay, well, I handed the lady the order and said "I have to schedual an appointment for the GTT, and the other I want to have the other stuff done today." She said "Their best done together." and having been able to only get in next wednesday for the phoresis, I started to cry. I knew it would be another two fucking weeks before I could know that I don't have leukemia and the lady asked me what was wrong and I told her that I didn't want to have to wait anymore to find out if I have cancer, because if I do I've had it for a year, and I need treatment.

She asked me how long I'd been sick for and I told her that all my life I've not been quite right, but in my teens I would get really sick to the point of having to be hospitalized a lot and I'd have to deal with shit.

Well, I clued her in and she just was like....

"Your doctor is just now running these tests on you?" I said "appearantly" and she just told me that I need to get a different doctor and to contact and attorney. She said that he should have done these tests within the first two years of my being his patient, as I've now been for 12 years. I explained that I don't really know if I want to sue him, but I've got grounds to, but I don't fully know my rights.

See, this isn't a matter of strict incompetence. This is a matter of sheer apathy on his part. He has 'sort of' treated me over the years. I would come in his office and try to give him the big picture and he insists on only focusing on symptoms and treating them as the condition.

There is a lot more to all of this, but my visit with him last wednesday was hell, and I totally see that he hasn't been doing what I've been paying for him to do. Two years ago, I complained of the exact same problems, boils, infections, constant nausea and vomiting, excessive weight gain and an inability to loose, because I was already not eating practicly.

He would cut me off while trying to explain, roll his eyes up and chalk it up to something that he really had no proof for. This is how he treated me for 7 years, and I was forced to stay there by my mother because she was convinced he was right. Fucker. Until two years ago when she was with me on that visit. She said she wanted to choke him by the time we left there.

He shrugged it all of to GERD because I am fat and that puts pressure on my organs and makes my stomach sick. I pressured him to justify that by the fact that I've been sick with the stomach problems since the age of 16 or so and then I weighed 120 pounds. WTF?????

See, he treats symptoms, not conditions. That is wrong. I am a whole person and everything that happens in my system is caused by conditions, not individual small things. Well, he told me I had to find the answer myself. What the fuck was I paying him for?

I said this last week, but what is really pissing me off is that I went in there after two weeks time of his office recieving documents on mast cell... It was explained to the lady that this was a disease he needed to look into and to consider the way we should go about being tested for it.

I also included this synopsis of my symptoms for him to read and have sorted all out in his brain so he could know what I've endured specifically and how it may relate or not, to this or other rare diseseases, since I was under the assumption that we had ruled out every common thing that it could be during my many tests at the hospital. I did this so he wouldn't be tempted to cut me off mid sentence trying to tell him about it all as I've done on four or five occasions only to be cut off and written off.

This is what I gave him. Clear, cut and dry, with little or nothing left out.
Synopsis of my symptoms:

As a child:
Sudden bouts of stomach problems, vomiting, and such, that would last for longer than a flu period, but that where diagnosed as the flu.
Constant colds, and flues that lasted longer than other kids. (I always missed more school than any other children)

As a teen: Same stuff as when I was a child but far worse.
Bouts of gas expansion and release that would be continuous for up to 6 hours after eating anything, but would seem to come on after I ate things that later I correlated to having food coloring in them, but I didn’t always react or ‘flair up’ when eating food coloring. I could eat canned corn and it would make me flair up really bad.

In those bouts, my stomach seemed to ‘shut off’ and stop digesting and eventually I’d vomit from the noxious gases forming. I would literally get a toxic feeling in my body, like I’d have been mildly poisoned. My senses would distort and I’d get horrid smells in my nose of decaying organic matter. This continues to this day, but since I’ve cut out all food coloring, it seems to happen less and less. I have had one 3 week bout this year already.

As and adult: The stomach matters have remained the same. I am constantly nauseated. I’ve become constantly prone to boils in my armpits, crotch, under my breasts, and on my inner thighs. I get yeast infections, sometimes very severe like the one described in the email, at least three times a year, maybe more. For the last three years I’ve hurt in my body really bad, and I have not had any relief of it, because every time I take ibuprofen I get sick and puke.

I tend to have scalp problems, that don’t go away with the use of special dandruff shampoo.
I have noticed out of moderating it closely that my body temperature has not exceeded 97.4 in the last three years, and often, when I am really sick it will go down to as low as 96.2. When this has happened, I feel very faint, weak, and like I am in shock.

I’ve also begun, in the past two years, to wake up with bruises all over my inner arms, my legs and sometimes my back and stomach. Often they look like I’ve been stabbed repeatedly with a pencil or some other sharply pointed object, that cover in masses in those areas. I usually cannot attribute this to any injury, but when I do injure, the bruising is massive and usually exaggerated from what I’d expect to see.



Fucker never read it. :mad: I am furious. I wasted my time and now I come to find out that he didn't run tests that should have been done ages ago when they took blood from me and did tests before?

I forgot to mention that he was assuming that I'd been diagnosed with Mast Cell disease already? WTF? I'd be in Boston or Maryland if had that disease. What the fuck would I be doing at a general practioners office for a rare degenerative immune system disease. UGGGGGGGGGGGGGGGGG!!!

I am at wits end with all of this.


I am now ready to switch doctors, but should I sue him? It's been twelve years that I've lost a huge amount of my life. I am twenty eight and I am still in college, since 21, for fucking hell. That is 7 years and I have only completed half my BS and my Landscape degree is still two semesters away from being done, because I have had to take more classes to keep up with the increased program standards in order to graduate. I am alreday 32,000 in debt, nearly twice that of what it would be to have gone straight through school where I am at, if I had gone only for the four years I should have had to. All that because I have been totally impaired by my illnesses.

I can't pay for my medical bills because I can't work steadily and get insurance, and Dave's boss is a dick and hasn't offered him a benifits package or the pay he deserves for being the only landscape foreman of the company. That makes him a supervisor and he gets paid way under what he should. So dave is giving him an ultimatum and if it doesn't work, he is quitting going back to school one more semester and going to a bigger company that will pay him better for being a supervisor.

And if I find out that this is as simple as the fact that I have high insulin, I am going to flip my fucking gourd. :mad:
I really need help. I need to not be swayed by an attorney who would be making money from my sueing at this point though, so that is where some of you come in.


Oh my god people..
What do I do?
 
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What?


Look really. I need help. I am not really in the mood for people to just try and be silly. That is highly out of context here. I am in fucking tears.
 
Star my dear I don't really know you but holy shit girl all this sounds horrible! Maybe a second opinion from another is in order here, and if he finds out what the heck is going on and starts you on treatment them maybe you should sue the other doctor, then you would have the proof you need to file a suit. Sorry if that's no help to ya....just hope you get help soon!
 
Ok Fishy here is what I think........Although, I do live in Canada and the laws are somewhat different than you have....

But first and foremost your doctor has done you a huge disservice.....He HAS NOT done his job, he has in fact contributed to making your illness worse....

You need to sit down with a lawyer and figure out what your next move is....Also you need a new doctor immediately....Have you ever had a second opinion? If not get one, get two, but hurry and do it your diagnosis and treatment if any has been delayed far too long already......

Again I say he has NOT done his job Fishy, you need to decide if you have it in you to hold him responsible for his poor treatment of you......

If you need anything please know I am here.........

april
 
Hey......I feel really bad for you. I can't imagine how much pain you've been in for the past 12 years. I would however consider suing your doctor because he's a danger to others if he's ignored all these symptoms. He should have at minimum recommended you see another doctor. And I know you probably don't want to hear this, but I would have found another doctor years ago. If you're in school, most universities I know have their own Health Services open to students, you might want to try there if you can't find another doctor who is local to you. Also, you might consider looking up your symptoms at health websites to see what might be going on so that you have some information that you can take with you to whatever doctor you might see. This doctor has essentially been abusing you for 12 years by not taking your concerns seriously. I wouldn't even consider returning to him.

I hope everything works out and you find out what exactly is wrong. It sucks to be sick, but sometimes, even if there isn't a cure, it's nice to know for a fact there's something wrong with you. Good luck!
 
See, Needsome has a point. Even with symposiums and other updates he reads on, he is only bound to be this way with others. Or does he think I am faking it, just because I can manage to bring a smile to my face because I am a joyful human? What the fuck?

I don't know how he treats other patients, but I am not happy with his services or advice at all.

Early on, I see why they tested my liver and gall bladder first and tried to rule out the big common things, but after that he acted and treated me like there was no real answer so a fake one would suffice such as GERD. I had immediately left his office, reviewed my symptoms on paper, looked up GERD online and I dislayed not one solid symptom of this disease, but every symptom of immune system failure.

:mad:

I did get a second opinion from a GP here in my town and he wanted to deal with my being overwieght and having had recently quit cigarettes as the attribute to my smelling odd smells while disregarding my other symptoms too.
UGGGGGGGG.

I have felt utterly helpless for going on 6 years now. Abandoned and helpless.
 
I would definitely seek some legal advice on this one. He hasn't been treating your conditions at all. My stepfather had a doctor like that who didn't even know what lymphoma was :rolleyes: Find a new doctor and fast. I can't believe he wouldn't examine all those problems your having. I wish you all the best in getting some answers :rose:
 
What you need is expert advice. Find a lawyer you can trust that specializes in malpractice law. Contrary to opinion, most lawyers are more committed to justice and fair play over chasing big settlements.
 
I am not a doctor. Far from it. Sometimes doctors are assholes. Sometimes good doctors just dont click with those they care for.

Find a new doctor. Nothing to lose and everything to gain. I have no idea what kind of insurance you have. how many choices of doctors there are in your area, all of that. But getting the proper medical care is most important. Then sue.

Lawsuits care be long and drawn out. They require energy and focus. It seems to me you have plenty to deal with on just the medical side.

Get better then let that fucker have it with both barrels.

Just one saint's humble opinion.
 
Good adivce here.

I know about lawsuits and their durations, but I am an endurance kind of woman, but with age, and sickness that endurance is fading fast. That is why, as a reasonable person, kind of don't want to get drawn up in a lawsuit if I help it, but I am 16,000 dollars more in debt than I should be, and if this turns out to just be my insulin that man isn't going to know what hit him.

I don't know. Most importantly is to get a new doctor and to get all my records and tests sent to them and see if it helps.

Maybe and I don't mean this with any disrespect to men, but maybe a woman would be easier for me to talk to.

I hate to say it but the only reason I never got another doctor was because of the type of insureance my dad carried. We had to have one family practioner and my mother liked this asshole and thought he knew everything because he talked down his nose at you and was unjustly pious.

I had my own side doctor here in town, but it was odd because I couldn't get my records and test results turned over to him because of that insureance bit. He was more of someone to talk to and to treat me for my chronic infections with antibiotics and thus making me worse, but not knowing. I just paid him by the visit, but the issue of my chronic problems really couldn't be dealt with through him. :(

Let's put it this way, I've had little control over my situation until two years ago.
 
Poor thing.......you need a *hug*......And as much as I hate to say it, it makes me reallllllllly happy I live in Canada and don't have to worry about that sort of thing. It's nice to know that if I don't like the doctor I have, I can go out and find another one and not worry about insurance. I've spent the last year with some mysterious pain that keeps coming and going and I've seen 5 doctors (mostly b/c I had to go to the Health Services at my school) and none of them have any clue what's going. I've had to have a bunch of tests but it hasn't cost me a thing. I don't envy your situation Starfish.
 
Starfish, I am not qualified in either medicine or law, but I'd say that it's perfectly acceptable to sue your doctor to alleviate your current medical debt, especially when you do go to another doctor, and he is able to correctly diagnose and treat the whole you. If you are able to prove that his past treatments were ineffective, you shouldn't have to pay for them.

I wish you well, and even though you don't know me, if you evern need a fresh ear to vent in, please consider mine. I've read your posts over the time I've been here, and I find you a very caring person who deserves to be whole and well, and treated with respect.

Take care.
 
I'm in no position to really give legal advice. I really don't know what to think, or say on that front. I do know if you do pursue legal recourse you WILL need a doctor on your side to lead credance to your claim.

From a medical perspective you need to take care of you. It doesn't seem that the doctor you have right now is doing that. Find a new doctor, you need someone known for strong diagnostic skills and probably someone viewed as pretty aggressive.

I know you're not TOO far from me here in C-bus, I'll see if I can't get a couple names for you that would be worth a call.

Take control of the situation, it is your life.

You're in my thoughts. <hugs>
 
Damn, Fishy! I'm sorry things are so rough for you! You want me to come up there and kick some doctor ass? I'll do it!!!!

First, get a new doctor. Keep getting new doctors until you find one that you like. You will find one that is perfect for you. If money is an issue, talk with the office...set up some sort of payment plan. They will work with you.

Second, talk to an attorny. See what your options are in this situation. Once you seek professional advice you'll know how to proceed.

Third...try and relax. :( Go work in the garden, paint me a pretty picture, make some more Greticons! Do something that makes you happy. Try not to dwell on the negative. You don't know anything yet so think positive!!! I know its hard...everybody says 'think positive' but truly...you will feel better, mentally, if you stay upbeat.

My box is always open, sugar!





:kiss:
 
Would definatly go talk to a lawyer. I would even sue. but this is also Texas and we sue for everything :)
 
Starfish, it is lovely to see you back on the board. (Shame about the circumstances. :( )
Yes, I think under the circumstances you may be able to sue your doctor but I wonder if it would make you feel better or add more stress to your life that you don't really need. This is my opinion only. If you want to go through with it then I say go for it.
I wish this wasn't happening to you at all.
You know what we went through with my son and his low immune
system. We had to change doctors and get someone who was interested in natural medicine also (and who would listen and see for himself what my son looked like and was experiencing)
On his recommendation we spent a lot of money visiting a natureopath. With certain foods removed, spirilina, echinacea and active manuka honey and NO anitibiotics at all -unless absolutely necessary- his health slowly improved.
My point is? Our first doc was only looking at the constant coughs colds, malaise, non restorative sleep, permanent dark circles under eyes, joint pain, glassy eyes, stomach cramps, and other symptoms, not what could be causing all the illnesses and she was too busy. She had 4000 patients. She did care but was too busy to notice what was important, and assumed a five year old was exhibiting health problems due to emotional stress from his stepdad needing an emergency bypass! Even the referral leter to the paediatrician stated that was what she thought.
Things turned around for us and I am sending positive energy and thoughts your way that things will change for the better for you.

I think estevie's advice is brilliant. Try and relax. Positive thoughts.
Thinking of you.

:rose:
 
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Thank you sweetie. Thank you all. I am sort of loosing it because ever since that yeast infection 6 weeks ago, I've been sick as hell. I am fucking faint, I don't barely eat and when I do I puke and when I keep something down it fucking hurts so bad. My intestines are now being effected. I won't go into that, but I am fucking in shock by what is going on. Today I discovered something that has just blown my mind and I am so fucking confused now.

I can't go into that publicly because of the nature of it, but I am sickened by it.
 
Starfish, you're taking the word of a lady who schedules tests at a lab as to what your doctor should have done. That won't work in court, will it? You need another doctor to tell you your first doctor fucked up first.

You asked for advice as to what to do. I don't think you'd get the answer you want from suing the doctor at this point. For example, if I were on the jury, I'm sorry to say that I wouldn't put complete blame on the doctor. Your mother would share the blame for taking you to the same doctor who wasn't helping you for 10 years when there WERE other options, had she agreed to them. The last two years are on your own shoulders if you had a choice to go elsewhere and kept going to the doc who wasn't helping you.

Change doctors now if you have no confidence in the one you've had for 12 years. Once you know what is wrong, then consider going to a lawyer if it still makes sense to do so.
 
Cheyenne said:
Starfish, you're taking the word of a lady who schedules tests at a lab as to what your doctor should have done. That won't work in court, will it? You need another doctor to tell you your first doctor fucked up first.

You asked for advice as to what to do. I don't think you'd get the answer you want from suing the doctor at this point. For example, if I were on the jury, I'm sorry to say that I wouldn't put complete blame on the doctor. Your mother would share the blame for taking you to the same doctor who wasn't helping you for 10 years when there WERE other options, had she agreed to them. The last two years are on your own shoulders if you had a choice to go elsewhere and kept going to the doc who wasn't helping you.

Change doctors now if you have no confidence in the one you've had for 12 years. Once you know what is wrong, then consider going to a lawyer if it still makes sense to do so.

What she said.

1. You have to find out what's really wrong.

2. It has to be determined that your current doctor was totally unprofessional in your treatment and/or testing regimen. (See #1 above.)

3. Then maybe you can sue. Your chances of winning are only 1 in 3. The mal-practice underwriters would bring in experts of all sorts to parade in front of the jury. If #2 is true, you might get a modest out of court settlement. You actually have a better chance of winning if you were to slip in the aisle of your local food store.

The 'zero cost' lawyers don't tell you all the story. YOU are responsible for all the tests that you will be asked to take if you sue. There are also a whole bag of hidden costs that you will be hit with.

Sorry Fishy, I wish it were otherwise but it ain't. Concentrate on #1 first. Then worry about suing if you have a case.

Ishmael
 
I don't think the point is the $ aspect of it but rather the incompetency of the current doctor.

Yes, get another doctor. That's a given. That doctor will help you, but they aren't likely to implicate their peers unless its serious, and even then...

Every state has a medical review board that will field complaints. I work with them all the time, when doctors have addiction problems, and they can be very involved and supportive.

But first thing's first.
 
storm1969 said:
I don't think the point is the $ aspect of it but rather the incompetency of the current doctor.

Yes, get another doctor. That's a given. That doctor will help you, but they aren't likely to implicate their peers unless its serious, and even then...

Every state has a medical review board that will field complaints. I work with them all the time, when doctors have addiction problems, and they can be very involved and supportive.

But first thing's first.

When you start to sue, it's all about money. Very few attorneys will take medical malpractice cases pro bono.

The fact of the matter is, she has to get to another doctor now. Fishy can worry about legal stuff later.

As you said, first things first.

Ishmael
 
Yup, fire the quack. You need someone you can trust.

Debbiexxx is right about the holistic approach. Naturopaths aren't typically covered by insurance, unfortunately. If you're real lucky you can find an open-minded and aware M.D. or D.O. who will support measures you can take on your own as well as following-up on the correct diagnostics. You do sound toxic and some gentle, internal cleansing is due to get rid of the inflammations that have built up while you're working out the what and why's of this.

If this doc you're seeing is has not met standards of care, he is liable. If you decide not to go through the stress and expense of suit at least report him to your state medical board. And write him a letter letting him know you're seeking legal aid just to scare the shit out of him. Docs really sweat when they get those kinds of things.
 
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