As someone who has suffered through decades with undiagnosed Lyme (because the tests have 50% false negatives), this is a subject near and dear to my heart:
New York has some of the highest instances of tick-borne infections in the United States. The most well-known of those infections – Lyme Disease – poses serious and even deadly consequences for anyone that contracts it. However, the Centers for Disease Control, the Federal agency responsible for dealing with the spread and containment of infectious diseases, only received $12 million in funding in 2017 to battle Lyme Disease. Fortunately, the new Federal budget bumps that amount to $15 million – giving the agency more funds with which to attack the disease.
“One of the most dangerous aspects of Lyme Disease is the manner in which it initially appears in a patient,” said John H. Fisher, an undiagnosed infectious disease attorney with the law firm of John H. Fisher, P.C. in Kingston, N.Y. “The early symptoms of Lyme Disease are fever, body aches, headaches, and fatigue – symptoms that many people tend to ignore as nothing more than a cold.” However, these symptoms mask the danger of the disease. Left untreated, Lyme Disease can lead to facial paralysis, short-term memory problems, inflammation of the brain and spinal cord, and arthritis – complications that could last for a lifetime.
Not only does the disease present a challenge for individuals whose first inclination may be to try and shake off or ignore the symptoms; it can present problems for doctors or practitioners who are not regularly exposed to infectious diseases in attempting to diagnose the matter. Primary care physicians or nurse practitioners may view the symptoms in a manner similar to the individual – that they are indications of a cold or other common bacterial or viral infection, and that a course of broad-spectrum antibiotics or rest and over-the-counter medications may be best. However, failure to properly diagnose Lyme Disease can have long-term, serious consequences for the patient.
If you or a loved one has been diagnosed with Lyme Disease, and have been told that the disease has been present for weeks or months, you may be in a situation where an examination of your case by an undiagnosed infectious disease attorney would be worth your time. However, it is important to keep in mind the following:
1.) Was there a delay in diagnosis and treatment of the disease? If there was, what was the reason for the delay? If the delay was because you or your loved one tried to “power through” the symptoms, there is no way to argue that the delay in diagnosis and treatment is the fault of a medical provider.
2.) If however, there was a delay in diagnosis and treatment of the illness even though the individual immediately sought medical care, the individual should then consider their current health and prognosis, and ask whether an earlier diagnosis would have changed the individual’s current health and prognosis.
If these two questions are answered “yes”, then the person should consult with an undiagnosed infectious disease attorney for help in determining whether he or she has a possible claim for compensation against the practitioner responsible for the delay in diagnosis.
Claims for damages related to an undiagnosed infectious disease are incredibly complex and require an in-depth understanding of the disease, the procedures for diagnosis, the treatments, and the outcomes. Do not trust your claim to anyone other than an experienced undiagnosed infectious disease attorney.
