Thyroid Disorders Community
26k Members
Avatar universal

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 ?
34 Responses
219241 tn?1413541365
Here in Australia unless you drop dead or bits fall off you, we cannot sue for not being diagnosed with a thyroid issue, or other issues for that matter.

I think it would be better to form a group to educate rather than punish doctor's who may genuinely not had enough information to make an informed decision. The US health system is already expensive enough, and I know for a fact many doctors there have  to pay quite high insurance for in-case of being sued.

The newest medication on the market is Tirosent, it has no fillers at all. It seems to be the best thing since sliced bread for thyroid patients. Perhaps the wheels of progress medically are turning slowly.

Avatar universal
Oh, thanks for responding. I understand your reasoning, but in the US, sometimes a class action suit is the only thing that gets any results. I have been "educating" my doctors for 10 years now while I've become progressively more ill. Lots of tests, lots of insurance payments, lots of copays, lots of visits to psychiatrists for depression that ceased w/ T3...but physically no improvement, in fact getting worse. I can't imagine how many gallons of blood have been collected !! Doctors are getting paid lots of $$ to file pieces of paper in my medical file without critically considering them to make a diagnosis, and the insurance companies are reaping huge profits for a lot of paper shuffling themselves. I'm not thinking of suing my doctor personally, I like her but the endos are a nightmare. Just wondered what others know or thought.

Tirosint is not on any insurance formulary, especially not any Medicare formulary, which means that one pays full price or a top-tier co-pay. I am currently paying $85 per month for Cytomel on Medicare, when I paid $35 last month under my old health insurance. Go figure.

I sure hope you're riding out the weather extremes in Australia, we here in US worry about the Aussies and keep you in the Light.   Cheers.
393685 tn?1425816122
I don't mean to smile on this post but you almost have to.

As a patient myself - the anger of how I lost so much with this certainly drove me insane when I got well. I was at death's door for years and then when I was blessed to basically pick the bulls horns up and found answers - SURE - I wanted to sue the heck out of the ones who nearly killed me if not make them pay and  feel as I did and keep them sick. A demented thought goes through someone who has to struggle as so many of us do and then when we find something out that helps - anger is a mild term for how unfair we felt we were treated.

As an advocant for "us" - I turned that anger into a mission. Sometimes I feel we are making milestones and sometimes I feel we are hitting brick walls - but keep pushing for better care on the  positive is where I go.

The energy I would waste alone sueing one doctor ( and probably losing) wouldn't change a thing except make me even more broke - but developing a mission to abolish horrible thyroid care is where I need to be - globally with others doing the same thing.

Avatar universal
Well said, Stella. I so admire the work you do for us here on the forum. It's hard to keep a generous heart sometimes and it's been amazing to see you pick up the reins here the way you have. Having been the successful plaintiff in several lawsuits ( car, mold ) I know how much legal action ***** the life out of your life. Even when you win a lawsuit, in a way, you don't really win.

I do wish that there was some united effort that could be made, not just me trying to persuade my  individual doctors that nobody knows my body better than me, that I don't in fact have a mental disorder but rather that I'm intelligent enough to read current medical journals, including European ones, that they may have missed due to lack of time (to be tactful) , but most importantly, that there is such a huge body of anecdotal evidence against diagnosing by TSH alone that it would seem it can no longer be ignored.

Sometimes I imagine us marching on Washington, surrounding the FDA and the NIH, thousands strong, chanting....."Thyroid Patients Unite ! You Have Nothing To Lose But Your Chains !"

Until then, I'll just keep a postin' and a answerin' here on the forum.  Winkin' at ya, Stella. And you better smile on this post...it's what gets us through it !
Thanks again.

649848 tn?1534637300
I agree with Stella about law suits; it would probably serve no purpose, except to make us more broke, and our care more expensive because the more law suits doctors have to defend, the higher their malpractice insurance, the higher our care....... I think this is part of what got our medical costs so out of line to begin with......

Who would you sue in a class action suit?  You can't sue the medical profession in general.  Many of us have had poor care, and gone on to get well.

I agree with Stella - it's much better for us to put our energies into helping other people obtain the treatment they need, by passing along information, regarding what helped us get well; what they might be able to try, etc.  

There are some really good doctors out there, who will actually treat their patients, clinically, rather than simply by the old TSH standard.......  there are also advocate groups trying to "educate" both doctors and patients.  With perseverance, it can be done.

In regards to Tirosint - it is on my insurance formulary; I just refilled my scripts for it last night (I'm alternating 75 mcg, with 100 mcg); cost me approx $56 for 3 month supply. I can look at the pharmacy sheet to see what the full price is.  

393685 tn?1425816122
Oh yeah - the "insurance" industry...

Let's not forget the role they play in doctor treatment methods too.... :(

bunch of suicide ego trips....

Did I say that? opps.
Have an Answer?
Top Thyroid Answerers
649848 tn?1534637300
Avatar universal
1756321 tn?1547098925
Queensland, Australia
Learn About Top Answerers
Didn't find the answer you were looking for?
Ask a question
Popular Resources
We tapped the CDC for information on what you need to know about radiation exposure
Endocrinologist Mark Lupo, MD, answers 10 questions about thyroid disorders and how to treat them
A list of national and international resources and hotlines to help connect you to needed health and medical services.
Here’s how your baby’s growing in your body each week.
These common ADD/ADHD myths could already be hurting your child
This article will tell you more about strength training at home, giving you some options that require little to no equipment.