Pressing charges against medical doctors?

[Genecks]

So, I've been having a health problems as of late.

It started about two months ago.

 

By most standards, people will eventually feel better in two weeks from a generic virus and whatnot.

 

However, I have been having complications for about two months.

 

Two months ago, I went into a doctor about this breathing problem I had. I thought that perhaps it was asthma or some kind of lung condition. I thought it might be lung failure.

 

Basically, I keep having this need to take deep breaths of air. And the action is quite involuntary. I'm pretty sure it's involuntary and not psychological.

 

I don't think it's occurring while I sleep. I could be wrong. But when I wake up and start moving around, the need for deep breaths will occur. The need is about two times an hour. As the day progresses, though, it can become 4 an hour.. 8 an hours.. 10 an hour... So, I'm guessing as the day progresses and I get more tired, then the need increases. So, I suspect it has something to do with my body and stress, maybe?

 

He checked my vitals, checked my respirations, used the stethoscope, suggested that I use an albuterol inhaler, and that I lose some weight.

 

He also did an x-ray and said nothing was wrong with my x-ray.

 

Well, my weight has never complicated things before.

 

So, a month passed, and I lost about 15 pounds. I dieted, but I must say that I've never normally lost 15 lbs in a month without exercise; I didn't really exercise. I strength-trained two days out of that month.

 

So, I eventually lost about 20 lbs in a month and a half. I don't think my diet was that strict either.

 

Anyway, I eventually visited another doctor about a month later. She couldn't figure it out, but she did update my TB and diptheria vaccinations. I told her that I didn't care about her views about supergerms and wanted antibiotics. She got all angry and shit. I didn't care.

 

She gave me the antibiotics. I waited about two weeks. About a week after visiting her, I started to wake up each morning with the feeling of water in my lungs. About after two days of that, I started taking the antibiotics.

 

The antibiotics got rid of that water-in-the-lungs feeling, but my breathing problems is still occurring.

 

I notice that if I simply lie down most of the time, keep my head propped up, and read a book, then I won't really have the need to take a deep breath. The need happens about once every hour and a half. I think that's a much better rate. However, I can't figure out why lying down helps.

 

Since neither doctor was properly able to diagnose me, then shouldn't I have the legal right to sue them?

 

They did not diagnose me. They did not help me. They wasted my time, and they sent me out of their offices without decent treatment. I came to them for diagnosis and treatment, and I believe they gave me the wrong treatment and diagnosis. Therefore, I'm under the assumption I should be able to sue them.

 

Am I wrong here?

Should I sue them?

 

I am seriously contemplating pressing charges against them.

Otherwise, I will come to them for treatment one more time, and if they plan on doing the same bullshit of misdiagnosing me, then I will threaten right then and there to press charges if I am misdiagnosed and given the wrong treatment.

 

The doctor allowed me to have blood tests, of course, I had to freaking ask her for them.

It's as if these doctors don't want to take the initiative to have anything happen that costs money.

I think that's why these doctors are acting lazy.

I thought it might have been some mono virus issue I had dealt with about a year ago.

The blood tests came up negative for mono reactivation.

They were also negative for Strept. No duh. I knew I didn't have strept.

 

The doctor later called me and said that I might have some viral infection.

She pretty much left the issue there. No diagnosis. No proper examination.

Just, "You might have..."

She also suggested that when I was in her office that I might have TB.

I doubt I have TB.

I was tested for TB about 5 months ago and was negative.

 

I've been researching this, and I guess what fits my description of symptoms is SARS.

 

The real problem is that I cannot figure out what is wrong with me.

If I knew what it was, I would have absolute ground to sue these pricks.

 

Anyone have some ideas as to how I can force these prickish, lazy doctors to diagnose me? Otherwise, I'm planning on taking legal action. Hell, maybe I should do so anyway. I have enough medical knowledge to know they can diagnose me. And if they truly can't, then I know very well it would be time to walk into a CDC office.

Edited November 13, 2009 by Genecks

[Mr Skeptic]

Doctors are allowed to make mistakes, just not really dumb ones. I doubt you can sue them for simply failing to diagnose you. And remember: it's their time as well as yours that is wasted.

[ajb]

I think Mr Skeptic is right. Unless they missed something very obvious and dangerous I cannot see that you have much of a case.

 

I assume the contract (maybe verbal) you have with the doctor does not state that he guarantees to correctly diagnose and cure all possible illnesses and conditions. Something to look up.

 

If you pay for medical treatment, does this effect this at all? No kind of consumer rights?

Edited November 13, 2009 by ajb

[ydoaPs]

And people wonder why healthcare costs so much.

[Genecks]

If I was only sick for two weeks, I probably wouldn't be complaining, ydoaPs.

But two months can become painful and energy sapping after a while.

[ydoaPs]

Maybe I should sue YOU for your reckless disregard of the safety of others by taking antibiotics unnecessarily.

 

AFAIK, the doctors didn't do anything wrong.

[JillSwift]

If I was only sick for two weeks, I probably wouldn't be complaining, ydoaPs.

But two months can become painful and energy sapping after a while.

So? What difference does it make how long you were sick?

 

Do you know the difference between an inability to reach a goal and an unwillingness to reach a goal?

 

Doctors aren't magicians, and your body isn't a simple machine that is perfectly understood. Because of that, all you are owed when you pay a doctor to do a diagnosis is their best effort.

 

Unless you can prove negligence (an unwillingness to give that best effort) then you have no standing what so ever to sue - or even complain for that matter.

[ydoaPs]

Unless you can prove negligence (an unwillingness to give that best effort) then you have no standing what so ever to sue - or even complain for that matter.

 

You'd also have to prove there is actually something wrong with you. From what you've said thusfar, there's nothing to show that you're not experiencing hypochondria or Münchausen syndrome.

[Genecks]

Yeah, you're both idiots.

I would know if I'm a hypochondriac.

I've only gone to a clinic about twice in about 2.5 months.

 

I have better things to do with my time.

 

Seeing as the antibiotics removed the water-in-the-lungs feeling, I'm suspecting it removed possible pneumonia.

 

Then again, maybe I should have kept the water, came in, got it on an x-ray, then sued.

I'm an idiot for not keeping a worsening condition and using it to sue.

That would have been within rightful grounds.

 

There are plenty of ways for them to look at my tissue and physical organs to determine whether or not something is actually wrong.

Then again, I have spent more time researching these facts than you, Jillswift.

Edited November 13, 2009 by Genecks

[ajb]

If you are really unhappy with your doctors, unless they have really shown negligence I expect the best you can do is change doctors. Another option is to turn up at your local A&E. Though, unless your symptoms are chronic I would probably advice against that.

 

My wife has had problems in the past with a seeming unwillingness to diagnose. Here in the UK an average appointment with the GP lasts 5 minutes. Unless the symptoms are obvious and something the doctor knows, I am not at all surprised getting diagnosed can be difficult.

[ydoaPs]

Yeah, you're both idiots.

Thanks for the ad hom.

 

I would know if I'm a hypochondriac.

Not necessarily.

 

Seeing as the antibiotics removed the water-in-the-lungs feeling, I'm suspecting it removed possible pneumonia.

Which could be the placebo-effect and would be entirely consistent with hypochondria.

 

Then again, maybe I should have kept the water, came in, got it on an x-ray, then sued.

There it is. You're just looking to sue. You're whats wrong with the world today and why we have healthcare issue. People like you who want to sue at the drop of a hat.

 

That would have been within rightful grounds.

No, it wouldn't.

[Genecks]

No, man, throughout the years, I'm just not impressed by your posts or activity on SFN. That's all.

But I appreciate your output, because who knows? Maybe I'm just crazy and delusional enough to be a hypochondriac.

 

Yes, it would have.

If the patient ends up more injured than before a misdiagnosis occurs, then the person is within the legal right to sue.

 

Doctor assumes I have asthma.

Maybe I don't.

Condition worses: I get pneumonia.

Doctor was wrong and didn't allow preventive measures.

Patient is now worse than before.

[ydoaPs]

No, man, throughout the years, I'm just not impressed by your posts or activity on SFN.

Considering I was 13 or so when I joined, that's not surprising. What's that got to do with this thread? That's right, nothing. It's just another ad hom.

 

Do you actually have ANYTHING to support a case for the suit?

[JillSwift]

Yeah, you're both idiots.

I would know if I'm a hypochondriac.

I've only gone to a clinic about twice in about 2.5 months.

 

I have better things to do with my time.

 

Seeing as the antibiotics removed the water-in-the-lungs feeling, I'm suspecting it removed possible pneumonia.

 

Then again, maybe I should have kept the water, came in, got it on an x-ray, then sued.

I'm an idiot for not keeping a worsening condition and using it to sue.

That would have been within rightful grounds.

 

There are plenty of ways for them to look at my tissue and physical organs to determine whether or not something is actually wrong.

Then again, I have spent more time researching these facts than you, Jillswift.

In short: You have a grossly inflated sense of entitlement.

[Genecks]

You have a great lack of medical knowledge.

 

At the moment, I suspect from what I've been researching and not provided in this thread that I would need to get pneumonia-like symptoms again in order to press charges. I will keep that fact in mind.

[ydoaPs]

Yes, it would have.

If the patient ends up more injured than before a misdiagnosis occurs, then the person is within the legal right to sue.

Nope.

In the described scenario, you would have refused to take the prescribed medication. And the doctors had already administered an x-ray.

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You have a great lack of medical knowledge.

 

How do you know what either of us know about medicine? Dude, get over yourself.

[JillSwift]

You have a great lack of medical knowledge.

Even if true, irrelevant and immaterial. Not unlike yourself.

[Genecks]

Seeing as I visited a lung doctor, then I'm going to guess he didn't give a "best effort."

You see, since I know there were many more tests he could have completed, it would appear that he would not have done such tests unless I requested such.

 

1 - My blood oxygen levels were not tested.

2 - A spirometer was not used.

3 - An overnight stay to have a bronchoscopy was not suggested.

4 - Possible diagnosis of GERD was not investigated

 

Therefore, I am under the assumption he did not do things with his "best effort."

 

At best, I see what he did as patient neglect and write-off.

 

If a doctor can prove through various contemporary medical tests that nothing is wrong with me, then, and only then, will I walk away saying, "Maybe I'm crazy."

[ajb]

If the patient ends up more injured than before a misdiagnosis occurs, then the person is within the legal right to sue.

 

I doubt it is that simple. If the doctor did everything reasonable to give a correct diagnosis then I expect you could not sue. Only in cases of gross negligence or misconduct would you have a case.

 

It is clear that you have had a bad time at the doctors and we have no reason to think you have not been genuinely ill. We also have no reason to think the doctors did not do anything that was expected of them.

[JillSwift]

Seeing as I visited a lung doctor, then I'm going to guess he didn't give a "best effort."

You see, since I know there were many more tests he could have completed, it would appear that he would not have done such tests unless I requested such.

 

1 - My blood oxygen levels were not tested.

2 - A spirometer was not used.

3 - An overnight stay to have a bronchoscopy was not suggested.

 

Therefore, I am under the assumption he did not do things with his "best effort."

Guess all you like. The standards for "best effort" are not set by your whining.

 

Given the pattern so far, had every battery of tests possible been performed (with a successful diagnosis or not) you would no doubt be complaining about the costs and discomforts.

[ydoaPs]

Seeing as I visited a lung doctor, then I'm going to guess he didn't give a "best effort."

Lung doctors won't help with the mental issues presented which you've yet to rule out.

 

You see, since I know there were many more tests he could have completed, it would appear that he would not have done such tests unless I requested such.

 

1 - My blood oxygen levels were not tested.

2 - A spirometer was not used.

3 - An overnight stay to have a bronchoscopy was not suggested.

4 - Possible diagnosis of GERD was not investigated

He could have given you a rectal exam and an HIV test as well. There's several tests he could have done that wouldn't be warranted. You presented with the need to take occasionally take a deep breath.

 

If a doctor can prove through various contemporary medical tests that nothing is wrong with me, then, and only then, will I walk away saying, "Maybe I'm crazy."

Such as all the tests that were performed and came back negative?

[Genecks]

I meant more injured after the diagnosis occurs.

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Guess all you like. The standards for "best effort" are not set by your whining.

 

Given the pattern so far, had every battery of tests possible been performed (with a successful diagnosis or not) you would no doubt be complaining about the costs and discomforts.

 

No, all of this would have been covered under my insurance without charge.

 

ydoaPs, I suspect those that I listed (maybe blood gas levels in general), an STD test (who knows? Last time I was with someone was earlier this year), and albeit maybe unnecessary, perhaps a quick brain scan to check for some brain tumor.

 

After that, I'm thinking medical science has provided me with enough evidence to suspect that I'm crazy.

If it's a virus that eventually goes away or vary latent, then I will tough it out.

Otherwise, I'm curious as to whether or not I have something lethal.

 

They all come back negative, I'll assume I'm undergoing shamanic initiatory crisis.

Edited November 13, 2009 by Genecks
Consecutive posts merged.

[ydoaPs]

Guess all you like. The standards for "best effort" are not set by your whining.

 

Given the pattern so far, had every battery of tests possible been performed (with a successful diagnosis or not) you would no doubt be complaining about the costs and discomforts.

 

Which is why I'm leaning toward Münchausen rather than hypochondria atm.

[JillSwift]

Which is why I'm leaning toward Münchausen rather than hypochondria atm.

I'm thinking something from the Cluster-B group of PDs, perhaps BPD.

[ajb]

Which is why I'm leaning toward Münchausen rather than hypochondria atm.

 

Come on, we have no reason to think Genecks has not been genuinely ill with something physiological.

 

Clearly he feels let down by his doctors. His want to sue is misplaced, but I think comes from a genuine disappointment that his illness has not passed.