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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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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.

Helpful - 0
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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