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  • Attorney?

    OK...I know I am new here...but I have noticed quite a problem with my lab reports and ones from 2000.

    In March 2000, I had to switch primary care doctors due to an insurance change. The one I found required a physical upon acceptance as a patient. That was fine...I did it, and he told me that I had MVP.

    In 2002 when I was dx'd with ITP, I collected all of my records from that doctor to review them and see if there was anything in my labs indiciative of ITP (there wasn't), and I still have those labs.

    Now, after recieving the report from my ECHO, which says there's NO MVP, I am a bit angry. This other doctor should have never written that in my chart or told me that I had it without doing further testing (I never had an ECHO or even an EKG).

    In December 2000, I went to the ER for chest pains. They did an EKG there, but I was diagnosed with pleurisy...which was a 'tool' that a rheumatologist used to try and give me a lupus dx...but that's another story. ANYWAY...the EKG said that I had sinus tachycardia, otherwise normal. The x-ray showed a 'normal heart size.' And the MVP is mentioned on the report also. The EKG also says 'poor R wave progression consider anteroseptal infarct, age undetermined' and 'consider lateral infarct. age undetermined' and 'abnormal ECG'

    SO...What I am getting at was this doctor was negligent, and I could have definitely been taking care of this HCM way sooner... ANY abnormal sounds should have been further investigated. It was a shock to me that something was wrong...and that no one had noticed it before (I was 27 at the time). I STILL can't believe it wasn't noticed til then...

    and BTW...the presyncope that initiated me going to the doc and started me with the tests...started in 2002.

    Any suggestions? Know of any attorneys?
    ~Trish

    36 Years Old
    Diagnosed with HOCM 05/17/2008
    Boston Scientific Confient ICD Placed 07/25/2008
    First 'Zap' 01/03/2009 - While sleeping
    Diagnosed with ITP 02/26/2002

  • #2
    Re: Attorney?

    I'm not an attorney, but gather the statute of limitations has run out.
    Alot of us have been mis-diagnosed at one time or another. Its quite common with HCM/HOCM.
    You seem very informed of your condition and thats key to keeping tabs on HCM.
    Marc
    Diagnosed @ 48
    Saw Dr. Michael Debakey @ age 5 - "He's fine, just a little noisy"
    Father to 3 boys 22, 25, 29 (all currently clear - pending genetics)
    AICD - Valentines Day '08, Spark Plug replaced 11/14
    After much research, I had a Myectomy @ Mayo for my 50th Birthday '08
    Quietly going insane . . .

    Comment


    • #3
      Re: Attorney?

      In order to establish the negligence that is required for a medical malpractice case, you would have to establish that the doctor violated the standard of care. As Mark said, almost 50% of people are misdiagnosed initially -- HCM is sometimes very hard to accurately diagnose and with some people it takes many years to get a diagnosis.

      Plus, you probably don't have any real damages which can be quantified.

      So, my advice is to do what Mark said....just be glad that you have an accurate diagnosis now, and look forward, not back.
      Daughter of Father with HCM
      Diagnosed with HCM 1999.
      Full term pregnancy - Son born 11/01
      ICD implanted 2/03; generator replaced 2/2005 and 2/2012
      Myectomy 8/11/06 - Joe Dearani - Mayo Clinic.

      Comment


      • #4
        Re: Attorney?

        These are very difficult cases to litigate. The issues are really difficult to calculate. The big question would be - how did delay in diagnosis change your condition - that is something that is difficult in most HCM cases to figure out - it is VERY FRUSTRATING and very diffiucult.

        I would suggest getting a good HCM specialist and focusing on getting proper care now - then going back to those that misdiagnosed you and providing them with education so that the do not make the same mistake again.

        Take care,
        Lisa
        Knowledge is power ... Stay informed!
        YOU can make a difference - all you have to do is try!

        Dx age 12 current age 46 and counting!
        lost: 5 family members to HCM (SCD, Stroke, CHF)
        Others diagnosed living with HCM (or gene +) include - daughter, niece, nephew, cousin, sister and many many friends!
        Therapy - ICD (implanted 97, 01, 04 and 11, medication
        Currently not obstructed
        Complications - unnecessary pacemaker and stroke (unrelated to each other)

        Comment


        • #5
          Re: Attorney?

          AS well you would need an expert in HCM to absolutely affirm that you were harmed as a result of misdiagnosis or delay in treatment. As HCM from individual to individual can go its own way and is not predictable this would not be something that an HCM expert would step out on a limb and do.

          One thing you can do is write a letter to your insurance carrier regarding your concerns that the doctor was not able to treat your disease appropriately and request that perhaps they could encourage retraining about this specific disease called HCM. I did that and they were very interested in contacting the doctor to discuss their payment for his services and tests ordered, that they had to pay for again at another institution and by other doctors. He interpreted the same tests as normal and not of issue, NOT HCM( written in his office notes). The same results and findings from same tests performed at the second hospital, by other cardiologists, confirmed MY, SELF, diagnosis and THEIRS of HCM.

          This former cardiologist of mine probably..hopefully thinks twice before dismissing symptoms like mine, test results like mine, and stating,shouting, " YOU COULD NOT POSSIBLY HAVE A DISEASE CALLED HCM..IT'S RARE! THIS IS NOTHING!"

          MY advise.. if you do it.. do it politely and accurately. Stay to the facts and leave out opinion.

          Pam
          Dx @ 47 with HOCM & HF:11/00
          Guidant ICD:Mar.01, Recalled/replaced:6/05 w/ Medtronic device
          Lead failure,replaced 12/06.
          SF lead recall:07,extracted leads and new device 2012
          [email protected] Tufts, Boston:10/5/03; age 50. ( [email protected] 240 mmHg ++)
          Paroxysmal A-Fib: 06-07,2010 controlled w/sotalol dosing
          Genetic mutation 4/09, mother(d), brother, son, gene+
          Mother of 3, grandma of 3:Tim,27,Sarah,33w/6 y/o old Sophia, 5 y/o Jack, Laura 34, w/ 5 y/o old Benjamin

          Comment


          • #6
            Re: Attorney?

            I get what you are all saying, however my point is that if there were ANY abnormalities noted, he should have looked further into it with tests such as ECHOs, MRI, etc...and it wasn't done....I was given a script for antibiotics and told to take them before any dental work...that was the end of it. Even after the abnormal EKG in the ER, no one delved any further into the situation, and they should have...and I could've been taking care of this issue sooner...especially if its something I was 'born with.'

            I sure am glad I don't see that PCP anymore!!! If nothing else, I would like to write him a letter telling him he screwed up royally...
            ~Trish

            36 Years Old
            Diagnosed with HOCM 05/17/2008
            Boston Scientific Confient ICD Placed 07/25/2008
            First 'Zap' 01/03/2009 - While sleeping
            Diagnosed with ITP 02/26/2002

            Comment


            • #7
              Re: Attorney?

              Greetings - I can definitely understand your frustration. Just remember that anything you - or the doctor - puts on paper can come back to haunt you later. You have questions about the care (not) provided based on the documentation.

              My point is: if you put something on paper to the doctor, be cautious - it can and will be held against you. Remember, a verbal discussion is your word against his word unless it is recorded - perhaps that might be a better course of action.

              Just a thought - Andy P

              Comment


              • #8
                Re: Attorney?

                I guess it's a good thing that he put down MVP and that he gave me the antibiotics then...and good thing I have it in my hands. I also have the EKG/ECG from the ER, and the report.

                I see everyone's point...and if I were to write a letter telling him about where I am now, and suggesting (as nicely as possible) that if he hears something that he shouldn't just make a dx, but investigate further in the future...how could that get me into trouble?

                I think he should be reprimanded.

                And, note as I said earlier, I NO LONGER SEE THIS DOCTOR. I only saw him a few times when I couldn't go to the doc I had prior to him, and now because of insurance changes at work...
                ~Trish

                36 Years Old
                Diagnosed with HOCM 05/17/2008
                Boston Scientific Confient ICD Placed 07/25/2008
                First 'Zap' 01/03/2009 - While sleeping
                Diagnosed with ITP 02/26/2002

                Comment


                • #9
                  Re: Attorney?

                  Also keep in mind that what you put on these boards can be used against you in litigation as well. So be careful what you write.

                  My guess is you have an uphill battle. I would be more inclined to do what Lisa recommeded. Help educate the population (including doctors) on HCM.

                  I can't tell you how many times I was told my heart murmor was nothing to worry about.

                  Dave

                  Comment


                  • #10
                    Re: Attorney?

                    Now...how would anyone know that I was here to begin with unless I said something about it...?
                    ~Trish

                    36 Years Old
                    Diagnosed with HOCM 05/17/2008
                    Boston Scientific Confient ICD Placed 07/25/2008
                    First 'Zap' 01/03/2009 - While sleeping
                    Diagnosed with ITP 02/26/2002

                    Comment


                    • #11
                      Re: Attorney?

                      It's almost laughably easy to find people online. Not always, and sometimes not without spending a few dollars. But believe me, if you were involved in a lawsuit of any size at all, your ex-doctor's lawyers would find posts on this bulletin board.

                      After all, if I was defending someone and looking around for something to use, I'd reason that there are likely bulletin boards like this. Then I'd look on them. Just as you (fairly easily) found this board when you looked for something like it, they would.

                      That doesn't mean that you shouldn't say what you think, and it's not an argument against suing your ex-doctor. It's just that if you did sue, you'd hav left a written record, and that'd be used as evidence.

                      Should you sue? I don't like telling people what to do, but I think I'll break that this time: no, don't waste your time or money. I'm not saying you're not right, but what others have said is correct: you probably can't show that what she/he did was worse than what many doctors do, and you probably can't show that you suffered harm as a result. That's a legal, not a medical or moral, opinion.

                      Gordon
                      Myectomy on Feb. 5, 2007.

                      Comment


                      • #12
                        Re: Attorney?

                        I've had a long problem with getting proper treatment with doctors down here in Fl. If i sued everyone that screwed up it would consume my whole life. Just search some of my own post and you will see just some of the issues I've had. Like the one time I was shocked while awake with defib paddles and got to drive the three hours back home. Or the physican that told me there was absolutely nothing wrong with me that I could finish up EMT school and live my life as I pleased. Dr. M.Maron upon a second opinion found I had four of six risk factors for SCD. Not to mention my primary physician that said 35% of all American's have abnormal EKGs and a female at 21 couldn't have a heart problem! Or the recalled defibrillator!

                        So, what I'm saying is things happen. I'm fortunate they didn't kill me but I also realized if I spend my whole time prosecuting these guys then I'd have no time to take care of myself. Beside's try getting a doc to take you on after you've sued a good many of them. They will just say you are too complicated and then you're stuck holding the bag.

                        Just my opinion!

                        Mary S.

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