RE: Litigation

Lindstrom, Ann (annlindstrom(AT)lucent.com)
Fri, 2 Oct 1998 08:56:43 -0700

Bob - Thanks for the response to Cyril about pursuing litigation. It
took my doctors two weeks, with me in the hospital for that time, to
come up with the diagnosis. One of the problems with this disease is
that it is rare, and it looks like alot of other stuff. My docs thought
Lyme disease, cancer, MS, myelitis or something else. I agree that
Cyril should investigate litigation if he wants to, but should also be
aware that this could be a really hard one to prove. Ann

> ----------
> From: RCookHook(AT)aol.com[SMTP:RCookHook(AT)aol.com]
> Sent: Friday, October 02, 1998 7:26 AM
> To: tmic-list(AT)eskimo.com
> Subject: Fwd: Litigation
>
> <<Message: Re: Litigation>>
> In a message dated 10/2/98 9:10:46 AM Central Daylight Time, RCookHook
> writes:
>
> > In a message dated 10/1/98 11:17:42 PM Central Daylight Time,
> CYRILOS(AT)aol.
> > com writes:
> >
> > > It was suggested to me by two neurologists
> > > that my symptoms would have been far worse had i not received
> treatment
> > nine
> > > days after i sought a diagnosis; and that they would have been
> far less
> > had
> > > i
> > > been treated properly by the first medical group that i sought
> aid from,
> > who
> > > thought i was suffering from Lymes disease.
> >
> >
> > I wondered the same thing for myself. FYI, I am an atty. My neuro
> who
> > finally diagnosed me advised me I had a 50/50 % chance of winning.
> I
> decided
> > not to pursue it.
> >
> > If the neuros that are saying that to you will put it in writing,
> after a
> > complete review of your medical records, and will or are willing to
> stated
> > that it is "within a reasonable degree of medical certainty that the
> delay
> in
> > diagnoses caused you more harm, and that any doctor with competent
> knowledge
> > would have diagnosed you earlier, and that early diagnosis and
> appropriate
> > treatment would have resulted in a definite positive improvement
> over your
> > current condition, and that your current condition was the direct
> result of
> > the failure to timely diagnose.", I will see that you have an atty.
> in N.Y.
> >
> > Now, I doubt that you will be able to get the neuros to stick their
> necks
> > out that far. I also believe, if they do, the defending doctors
> will have
> > just as many to say the opposite. The bottom line is the fact that
> no body
> > really knows as yo can tell from all the prior postings here that we
> all had
> > a hard time getting diagnosed early, and it cannot be proved with a
> "
> > reasonable degree of medical certainty".
> >
> > Go see an atty. anyway. This is not stated as legal advise, but is
> what I
> > encountered in my instance.<legal disclaimer> LOL
> >
> > Bob from Houston
>
> OOPS, I FORGOT TO CC THE LIST
>
>