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Has anyone sued their doctor for failure to diagnosis or lack of treatment

I'm just curious about any legal position w/ personal doctors and/or Standards and Practices within the AMA. Is there a legal history? It seems there is so much needless suffering for so many people (in legalese, a "class"),  and that the most current research is often not known or ignored by physicians. Proper labs are often not administered. Symptoms are ignored. It also seems spectacularly foolish for the FDA to allow a plus-or-minus 10% variation in strength in generic medications for hypothyroidism, and to allow drug manufacturers to use cheap fillers in generic drugs that actually bind the release of hormones and prevent proper absorption. Thoughts, anyone ?
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1614134 tn?1298435103
Funny coming across this, the desire has been on my mind (though I won't).

In my 20's I made 2 appt's w/doctors regarding a lump in my throat. Both were cancelled and moved forward (three months). One particularly hysterical day I went to the ER just So I could finally be seen only to be told my wild mood swings, anger and depression had NOTHING to do with the swelling on my throat.

Two years later, another insurance plan, Kaiser Permanente did a biopsy and decided that half my thyroid should be removed. I was warned I was possibly precancerous. No one did a simple TSH test, and I didn't know to ask.

Two years after that, with no insurance, in another state, the free mental health services psychiatrist ran a full panel and then made me see an endocrinologist to explain to me I had Hashimoto's Thyroiditis. Not to be bitter, but a psychotic episode accompanied with weight loss, the worst three years of my life, losing my career, all could have been avoided had I been properly treated. Now I am in a remote town with few jobs, none of which offer insurance. I am almost 40, how to start fresh??

While I won't sue, I wish I could find a way to help others before they end up in a dead end over something that could be managed much easier.
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1594760 tn?1298328021
and there is this - it is wiki and so it needs follow up

http://en.wikipedia.org/wiki/Endocrine_disruptor
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1594760 tn?1298328021
One of the things I have been looking at is chemical sensitivity or poisoning

I have wondered about old carpet underlay - foam mattresses - plastics
and what about deteriorating rubber - what was lino made from, and there is compound board.

I searched: Brominated Flame Retardants   PBDEs thyroid endocrine
read:
http://www.durisolbuild.com/Webdocs/Fire%20retardant%20Janssen-FRD-presentation01-09.pdf
and this:
but the full article is at sciencedirect - the www address is too long to post.

Brominated Flame Retardants.         PBDEs, which are flame retardants widely used in foams and other plastics, were detected in dust samples with a concentration distribution similar to the carcinogenic PAHs, benzo[a]pyrene, and benz- [a]anthracene (Figure 2), with 90th percentile concentrations ranging from 0.7 to 4.1 µg/g dust. We targeted tetra- and pentabrominated BDEs, which originate from polyurethane foams. PCBs, which have a similar mechanism of endocrine toxicity to PBDEs, were also detected in air and dust samples but at somewhat lower concentrations (Figure 2).
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Avatar universal
Who knows?  It's possible, but I kind of doubt it.  As I said, I was not tuned in to hypo back then, and I never paid any attention to actual lab numbers, so I don't know to what extent she was supposedly hypo.  She had no symptoms, however, so I can only assume she was very mildly hypo.  In fact, you just nudged my memory some more.  After going on levo, she dropped a bunch of weight and complained of frequent diarrhea.  I wonder if she was actually overmedicated and hyper...  I really saw the hypo diagnosis as grasping at straws.  They didn't want to send her away doing nothing, so they came up with what they could and treated it.

My mother's nutrition was always good (as defined by the times) and her lifestyle/occupation/geographical location didn't lend themselves to chemical exposure.  

Yeah, it's not a pretty disease.  It's especially difficult in the early stages when the person is still very aware of her failing brain.  It was 11 years between diagnosis (not onset of symptoms) and when she died.  
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798555 tn?1292787551
"Do you know if it's less expensive to get brand Cytomel from Canada? "

- I never thought about it. Goggle Universal Drug or Northwest Pharmacy - they are both Legit, not all on line Pharmas are. All Canadian online Pharmas have huge price variations, you need to shop, and make sure they are legit at the same time.

I remember Cytomel is costly. Back when I was on it, my Rx would not cover any of it.
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1594760 tn?1298328021
Hi,

Is it possible her Hypo condition caused Alzheimer's?   There is also the nutrition factor and chemicals that might predispose someone to Alzheimer's disease - it's really horrible with the awareness coming and going.  Sorry your mum had this.
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Avatar universal
@LM.....Heehee ! And also, as Homer would say..."MMmmmm, B-a-a-a-c-o-n." I wonder if it would be a good idea to introduce the new batch as every other day w/ the original, to make it easier on your body ? I'm trying to balance T4/T3, seems not to be the usual problem. Do you know if it's less expensive to get brand Cytomel from Canada? That's where it's manufactured.
@goolarra..lots to say, still sick. Soon.
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798555 tn?1292787551
There will always be some variation between batches, even if the med came from the same manufacturing plant. I am just happy to to be able to get my Erfa natural thyroid med from Canada. Pigs will always be different.

To be prepared, I try to make sure I have at least one month supply left for back up before trying a new supply / bottle.

On the rare occasion that I drive though pig farm country, they don't smell so bad now; I have a greater appreciation for the smelly critters, there not just bacon anymore!
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Avatar universal
Alzheimer's and hypo...

My mother had both.  Unfortunately, when she was diagnosed hypo, I was not yet hypo, myself, and knew very little about the condition.  However, I have reflected on it a fair amount in retrospect.

I have always wondered if my mother was, indeed, hypo.  If she was, she was asymptomatic.  As you know, there is no way to diagnose Alzheimer's, except by process of elimination.  One of the things they test to eliminate is thyroid (TSH, only, I'm quite sure).

Of all the tests they ran on my mother, thyroid was all that was off.  So, they were all ecstatic...they'd found it!  She didn't have Alzheimer's at all; she was just hypthyroid  They started her on levo and said that in six weeks, she'd be just fine.  This didn't sit well with me right from the beginning...I had the feeling they just wanted to provide some hope, and would have latched onto anything in her labs the slightest bit off so that they didn't have to send her away with a diagnosis of Alzheimer's.  At that time, there was no medication available for Alzheimer's.  When Aricept came out, they finally diagnosed her Alzheimer's.  Hope had been provided in a new pill!

The thyroid meds never had one iota of effect on her condition.  Neither did the Aricept.  She ultimately died of Alzheimer's.

I'll be interested in hearing your thoughts...
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Avatar universal
To all:

I have the flu, so I won't be posting until I can get up w/out the chiils and fever. Carry on, if you want to. Sorrry.
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Avatar universal
Dear sandsoftime,

Thank you for sharing your loss with us. I am sure there are many cyber-displays of virtual affection and support surrounding and protecting you, sent from the hearts of those in our forum. I hope you will find the energy and the information to fight for yourself, for your grandson, and for the memory of your son. By doing so, you also do it for us. Thank you for publishing your valuable research. The source material seems scientifically well-based, and I have found I have more success with my doctor when I give her copies of things I have found in Medical journals and cite them in reference to myself, as opposed to someone's opinion on a thyroid-issues website. I wish women of childbearing age and others in your situation could have access to this article, BUT here it is buried in a thread about legal action, which I hoped would provoke just this kind of discussion. (we need WIKI library on the forum)

To all:

@LM...yep, I think the same thing about the labs. Nobody wants to be held accountable.What to do ?

The FDA is ultimately responsible for allowing the +/- 10% strength variations in our medications. I don't understand why this is allowable at all. Is everyone aware of the quality control issue at Mylan labs last July, where the FDA stepped in because of a whistleblower and found that the employees on the line were bypassing the quality control safeguard warning system w/ the complicity of their supervisors? Many drugs were affected. They paid a fine, big whup. Who here knows about the different  generic labs : Mylan, Paddock, King . Are their others? Does one have a better reputation than the rest? Please tell me that all of you who take generics know that you should have your doctor request a particular lab on your prescription and make your pharmacist fill from that lab every time. There are not only variations between batches, but also variations between drugs produced by different labs....not only strengths but also types of fillers, which can be more or less drug-binding. For this reason, CONSISTENCY of dose, it's best to not only get your meds form one lab source, but also to order them 3 months at a time if possible so that they come from the same batch.

@goolarra..."discrimination value" GOOD to know ! Thanks for sharing that one. I've received reports like your husband's myself and will certainly question the reports in the future. Just bloody astonishing.

I need sleep, but want to introduce the subject of the diagnosis of Alzheimer's disease and the possible correlation w/ hypothyroidism in the elderly. Thoughts? I'll list my own manana. Wish me some zzzzzzzzzzzzzzzzzzs !

Thanks and blessings to all, y'all an impressive bunch !

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1594760 tn?1298328021
I didn't want to go here again because it is so painful but it is an important subject for women beginning a family and awareness.  I believe docs do their best but there is not a lot of awareness of thyroid issues.  Education rather than suing is what I'd like to see.
  
This is an article I found that justifies my fears that my son may have had problems from my undiagnosed thyroid issues and which were hereditary -  a low lying problem that was hard to pick up.   Who doesn't have times of being tired - cold - forgetful?

http://www.livestrong.com/article/145066-the-effects-of-hypothyroidism-in-pregnancy/

The Effects of Hypothyroidism in Pregnancy

The Effects of Hypothyroidism in Pregnancy
Hypothyroidism is the medical term used to describe an abnormally low level of thyroid hormone. Low levels of thyroid hormone result in a slowed-down metabolism and may result in such symptoms as fatigue, weight gain and decreased ability to withstand cold temperatures. In addition to the symptoms she may experience, a pregnant woman with hypothyroidism may be at increased risk for several complications.
High Blood Pressure and Pre-eclampsia
Gestational hypertension is the term used to describe elevated blood pressure during pregnancy. It is associated with several conditions. An especially concerning one is pre-eclampsia, in which a pregnant woman has protein in her urine and high blood pressure. Drs. Phyllis August and Baha Sibai, writing in the online medical reference UpToDate, report that pre-eclampsia may be categorized as mild or severe. Severe pre-eclampsia includes potentially life-threatening complications to the mother and the fetus, such as stroke, severe growth restriction of the fetus and dangerously high blood pressure. A 1993 study investigated the potential link between hypothyroidism and high blood pressure during pregnancy by studying two groups of women. One group consisted of 45 pregnant women with subclinical hypothyroidism. Their levels of the thyroid hormone T4 were normal, but their levels of thyroid stimulating hormone, or TSH, were abnormally high. The second group in this study consisted of 23 pregnant women with overt hypothyroidism--that is, low levels of the thyroid hormone T4 as well as high levels of TSH. This study of 68 women found that rates of pre-eclampsia in both groups were higher than within the general population. This suggests that hypothyroidism--in either its overt or subclinical form--may increase the risk for pregnant women to develop both high blood pressure and the associated, potentially serious, condition of pre-eclampsia.
Hypothyroidism Fact Sheet Get The Facts On Hypothyroidism The Causes, Preventions & Treatment BodyAndSoul.com.au/Hypothyroidism
Sponsored Links
Very Preterm Birth
Preterm birth is defined as the birth of a baby before the 37th week of pregnancy, or gestation. A "very preterm birth" is defined as the birth of a baby before 32 weeks of gestation. A study published in 2005 in the journal Thyroid looked at pregnant women who gave birth early, compared to women who delivered their babies after 37 weeks of pregnancy. The authors of the study found that women with high levels of TSH--indicating either subclinical or overt hypothyroidism--were much more likely have a very preterm delivery. This suggests that hypothyroidism is a risk factor for very early delivery of the baby, which can have serious and long-term implications to the baby.
Cognitive and Psychomotor Impairment
The potential impact of subclinical or overt hypothyroidism is not limited to the pregnancy itself, or even to the period directly around the birth of the baby. According to at least two studies, a mother's hypothyroid condition may impact her child's neurologic development years later. One study, published in the journal Clinical Endocrinology in February 1999, found that 10-month-old infants of mothers with hypothyroidism had significantly lower scores on certain psychomotor development tests, indicating that the mothers' low levels of thyroid hormone, even early in the pregnancy, still had an impact months later. A second study was published in August 1999 in the New England Journal of Medicine. This study looked at older children, who were 7 to 9 years old. Similarly to the study of infants, the authors of this study found that low thyroid hormone levels during pregnancy had an impact long after the child was born. The children in this study were found to have decreased IQ scores compared to children whose mothers had normal thyroid hormone levels during pregnancy.
Dr. Len Kliman Obstetrician and Gynaecologist Located at Epworth Freemasons www.DrLenKliman.com.au
TAFE Child Care Courses Get TAFE qualified Study now - pay as you earn! www.seeklearning.com.au
Expecting a new child? Ideas to help you remain fit and healthy for the whole 9 months Huggies.com.au
3D and 4D Baby Ultrasound Female Sonographer,Latest Equipment Melbournes Best 3D Baby Ultrasounds www.4dbaby.com.au
Sponsored Links
References
• "Obstetrics and Gynecology"; Perinatal Outcome in Hypothyroid Pregnancies; A.S. Leung et. al.; March 1993
• "Thyroid"; The Thyroid and Pregnancy: A Novel Risk Factor for Very Preterm Delivery; A. Stagnaro-Green et. al.; April 2005
• "Clinical Endocrinology"; Low Maternal Free Thyroxine Concentrations During Early Pregnancy Are Associated With Impaired Psychomotor Development in Infancy; V. J. Pop et. al.; February 1999
• "New England Journal of Medicine"; Maternal Thyroid Deficiency During Pregnancy and Subsequent Neuropsychological Development of the Child; J. E. Haddow; August 1999
• "UpToDate"; Denise S. Basow; 2010
Photo Credit
pregnant #3 image by Adam Borkowski from Fotolia.com

About this Author
Shira Goldenholz has been writing since 2001. She has edited a neurosciences coursebook and co-authored an article published in the "Journal of Child Neurology." She has contributed to a report on children's mental health and has written for an autism website. She holds a medical degree from the University of Wisconsin-Madison and a Master in Public Health from Boston University.
Article reviewed by Eric Lochridge
Last updated on: 06/10/10

Read more: http://www.livestrong.com/article/145066-the-effects-of-hypothyroidism-in-pregnancy/#ixzz1EMsJEums
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Avatar universal
Are you familiar with the term "discrimination values"?  A discrimination value is the point in a test result where medical intervention is "required".  

My husband recently had a CT.  It showed that two of his arteries were "less than 50% blocked".

We saw our PCP, who had a copy of the report.

"Wow," he said, "50% blocked, thatis not good".

I pointed out that it said "less than 50%" and could mean anything form 1-49%.  He said, "Oh, no, no, that means it's really close to 50% blockage."

Mental note to research this.  So, I called the imaging center and after initially being told "We don't have anyone here who talks to patients; you'll have to call your doctor."  (They really said that to me!  I thought it was kind of funny, because when we were there, the employees talked to us.  LOL))  I said that I had already asked my doctor, and he wasn't able to answer my question.  They put me through to a tech, and she said she didn't know, either.  I asked her to fire up the CT on the screen, which she did and told me the blockage was about 30% in one artery and 10% in the other.  A far cry from 50%...but, like pulling hen's teeth to get this info.

50% is the discrimination value; it's where medical intervention is required, so the report didn't have to be any more specific than that.  This test cost us about $2,000...hmmm...you'd think they could have been a little more precise for the money.  Yep, they're covering their butts.

Obviously, my PCP had no idea what this meant (he does now).

I manage people's money.  I wish I could tell them that their stock portfolio had appeciated "less than 50%" in the past year.  Nope, the SEC would be on our butts like white on rice.  So, apparently, our money is more important and has to be reported more precisely than our health.

See? You got me started!!!
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1594760 tn?1298328021
If you drop dead then you cannot sue in Australia unless you had children to support.
Then they can sue for support.

Another Aussie
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1594760 tn?1298328021
Thanks for your response and your research.

Your explorations have touched me personally having lost a son to ADD and depression which I suspect was thyroid - if only I had the internet back then.

My cousin was diagnosed with genetic hypothyroidism.  I have had underlying symptoms since a child.  I had a test and it was in the normal range - what is that!!!!  

When I had my son I had toxemia and gestational diabetes - must research this concerning thyroid.

He was slow with teething - had dry skin - asthma - slow thought process but above average intelligence- diagnosed with ADD went on to  something similar to schizophrenia - but not the norm symptoms????  I an't remember anyone testing his thyroid and I had him under a pediatrician etc etc and etc - seems that every other avenue was checked but his thyroid.

My concern now is my grandson who is tired all of the time - worse than me - and his concentration isn't good.

The problem is he is going to have a thyroid test and it will probably be in the normal range.  I am going to run this past my doc but I bet he will be skeptical - hope not.

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798555 tn?1292787551
"What could possibly possess a doctor to ignore symptoms ?"

Here is a thought - I think they use lab ranges as a way to save their a$$. They can just say you are in range - and that would hold up in a court of law..yes to bad..  And as an excuse not to really learn. Technology makes people lazy.

The small group 'insurance' I mentioned is to be used with a high deductible hospitalization available from any insurance company.

This state had something similar for individuals and the self employed that sprawled from the 80's into the 90's - it grew within Minnesota and of course the board of directors got greedy. It was purchased by a big insurance company around '99. They bought their afordable competition and absorbed it, wrecked it! Was great while it lasted, almost  half price back then.

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Avatar universal
Dear sandy,

Yes, it's sadly true, and thank you for bringing it up. I was commenting on another post yesterday about the lack of common knowledge of the connection between lack of thyroid hormone balance and disfunction of the synaptic response in the brain that has to do w/ the ability to transfer and utilize seratonin. Lack of seratonin is a major cause of depression. When I was fighting to be diagnosed and was sent to a psychiatrist and poisoned by ineffective and detrimental drugs, I nearly succeeded in killing myself in despair. I was told for a long time that there was nothing wrong w/ my thyroid because of my historically low TSH, but w/ every hypo symptom in spades. Having done the research, I finally demanded to be put on T3 against my doctor's wishes. It took away my depression in 3 days. As a bonus, my symptoms improved as well.

It should also be common knowledge that lack of seratonin can lead to panic attacks that drugs won't help. And that the chemical composition of alcohol is one thing that can temporarily fill the synaptic gap in place of the thyroid process, which is why so many self-medicate with alcohol. Of course, alcohol abuse is a fine line to walk, creates it's own health problems, and ultimately creates depression on it's own. I wonder how many sad alcoholics wander the streets or drink alone, who should be treated for a malfunctioning thyroid process.

And the correlation of genetically-based auto immune disorder and thyroid problems is given very little weight as well. You are right, they now suspect ADD to be auto-immune based. Reynaud's, diabetes, Depuyten's, Hashi's, gout. The most current research I've read says that it is now suspected that in one family/gene pool, auto-immune disorders can manifest in many different ways, from one defective gene. So doctors should be paying more attention to all the auto-immune manifestations in family history, not just a history of thyroid problems. If the gene doesn't create the disfunction, it can definitely create a weakness that can predispose....and perhaps explain the "non-normative" labs some of us have.

Thank you so much for your compassionate post, sandsoftime.

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1594760 tn?1298328021
Hi my two bits worth,
There are people who don't have voices here - the ones who have been undiagnosed and depressed who take their own lives.

There are the adolescence who are told that they are lazy and they self medicate, become homeless etc.

There are children who are treated for ADD when they should have had their thyroid thoroughly checked.

I am thinking the ones who survive are lucky even though there is terrible grief and much loss.
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Avatar universal
To LM:

"Erks", now THERE's a delicate choice of words ! Spoken like a true gentleman, I should have known!  :- )

To all:

Yes, we'd all maybe be making the trek to Minnesota, despite all that record snow! Has anyone had first-hand experience w/ Dr. Riddha Arem's thyroid clinic in Houston? My sister, who lives in Houston, has Hashi's but has a different doctor she likes. She had a horrible time both mentally and physically before she was diagnosed, and didn't even approach getting better until she went wheat/gluten free for a year.. But her hypo friend there, who was not getting better, changed to Dr. Arem and then did. She loves him, and his protocol is based on T3/T4. I'm starting to think I should make a pilgrimage. His book has helped me a lot. (bonus: no snow)

It IS astonishing that in the Great State of Mayo, doctors aren't more progressive. Here we have USC and UCLA and Cedars-Sinai and St. John's, and a little further south, Loma Linda....and yet, ziilch. My PCP has now suggested Dr. Peter Singer at USC, but when I researched him online I found he had recently given an interview to the LA Times in which he said he thought the hyperthyroid state felt akin to what it feels like when one falls in love ! RILLY? He's also a past president of the National Thyroid Association, which instead of engendering respect gives me the willies. Sad, that.

What do you think is at stake for the doctors? What could possibly possess a doctor to ignore symptoms ? They diagnosed successfully by observing symptoms as far back as 1886, I believe. More of the old and famous American mind/ body split?

I have also  read of clinics or practices formed by groups of doctors and patients as well. I think it's almost like a subscription service...the doctors form a group and the patients agree to pay "X" per year to fund it. No insurance is accepted. As LM said, no hospitalization though, and so then what , in case of God Forbid?

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798555 tn?1292787551
["There is a small group here that started there own health insurance with several small clinics"]

When I mentioned 'here' in my quote above, I meant Minnesota, not this forum. I read about this 'self insured group'  in our main news paper. Its based in our capitol, St Paul. I have no experience as a patient there, but I just thought its a great idea and hope that it spreads to other areas.

Its truly amassing to me that this state, with the Mayo clinic here on the south side, has no better health care than other states. The majority of doctors around here treat Hashimoto with only T4 meds per TSH values. Thats why I was still sick 10 years after diagnosis.  Thyroid really is not that hard to understand, but these docs are unwilling to change and will not listen even when presented with the facts. Erks me.
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649848 tn?1534633700
COMMUNITY LEADER
I don't think LazyMoose has his own clinic (if he does, I'm going to commute to northern MN for my thyroid treatment).  I think he was talking about a group that started their own health insurance company with a few small clinics... It's an interesting concept.
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Avatar universal
Whoops, LM. You GO, bro ! :- D   (that suing word got you in here though, didn't it.)

And to any other brothers who chime in, Doodes, way to BE ! As I said: Strength United Is Stronger.

Still agitating for a "WIKI library page" here. Research is getting buried in the stream. Anybody ? Thoughts? LM, how did you organize your clinic ?

Cheers.
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393685 tn?1425812522
Careful. We have males working on this too. :)

One of the best firecrackers on this revolution is responding too... right LM? :)
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Avatar universal
Red, that was just excellent, what a great post ! And great words from your doctor for all of us. You're an inspiring kinda gal.

To all:

Good ideas and thoughts, every one of you. I so agree that it's not about money, it's about patient advocacy, it's about how to facilitate and if necessary, force the system to change. This forum is a powerful first step...what in the world would we do if we didn't know what others are going through and what they've done about it? I absolutely believe that old adage: Strength United Is Stronger. The information I've gotten here on the forum has saved me so much time. Since I am a relative newbie here, I am wondering if there is a part of the site I don't know about where links are posted to websites or articles that participants find to be valuable, categorized by topic? Our own little WIKI library. For instance, Stella spent a HUGE amount of time for me and gave links to information that I'm sure will be beneficial to me. I hope others will see those links too, but they'll have to wade through my stuff and I doubt many will. This knowledge needs to be shared. I have reams of paper in my office of scientific articles I've printed out for study that I've found, and that have helped me. I no longer know the links, but I would have registered them had I known where to do it. It's a winding path to get into the European medical journals and reports from clinical trials, where a lot of the more interesting information lies. There are other links I've stored on my computer. Someone on the forum told me about Dr. Aram's book, which helped to pull all the random knowledge I'd gained into focus. Does everybody know about this book ? I get the feeling from some of the posts that they don't. Saying something is interesting to read is different than endorsing it.

I'm off to bed, praying for sleep ! Any thoughts? Any other good ideas for how best to advocate? Any links to established thyroid patient advocacy groups? Any plans for going to DC and appearing before Congress with reams of paper representing our stories? I this economic climate, our struggle is going to be that much tougher, so I guess we need to be that way too.

Blessings. You Go, Girls !
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