Miscellaneous Forum

just read our local newspaper and came across an article about a lady who had recently been diagnosed with MS

she thought she had a claim against her critical illness insurance so duly applied -- only to be refused because

" she attended a consultation years ago at the hospital which didn't produce any diagnosis but the consultant wrote to her doctor saying

"some of the symptoms this lady has could be early signs of MS - but i have not told her this"

neither did the GP and now the poor woman ( who thought nothing was wrong with her because the medical proffesion hadn't discussed these findings with her) cannot claim on her insurance because " she failed to declare the visit"

If you were not informed that something may be wrong with you - or could be the early symptoms of something you MAY go on to develop - how can you complete the insurance forms ---- unless you tell them everytime you have seen a consultant and what for ---- this would make these already long forms even longer and give the insurance companies even more chance or welching out IMO

Having said that - i tried to insist my Mortgage Broker imformed to TMPP insurers that i have back problems -- "nah - don't need to know - its only the usual - heart/cancer etc problems they need to know bout " came the answer --MORE than once -- Wonder were i would stand if i were to throw off sick with the old back problem ---- probably up the same creek this poor woman is at the moment

Makes you wonder why we bother with insurance in the first place eh?

She should probably challenge this in court. I would think that she has a good chance of winning since she wasn't informed.

I agree, but is there any evidence that she wasnt told...that would be the key thing to this case.

As much as we hate lawyers in the US, I would think that if this case were to be in the US, that there would be a line of lawyers out the door wanting to take the case on, and the insurance company would settle just to avoid the expense.

To my mind, she filled out the form truthfully, and she can't be held accountable to know things she had never been told. After all, in the US, the question is "have you ever had an exam with a negative or unusual outcome?" (or something like that), which she would have truthfully have said "no" since she was unaware of it. I agree that having to relate every single visit would be insane - I don't have any idea how many times I've seen the doctor over the last ten years, much less why...

Actually, now that I think about, in our litigious society, she would sue her consultant and her GP and win enough money to treat herself for life from their insurance companies...

Bill

if i hear anything more i will let you know

hopefully this will be sorted out in her favour as it seems both the consultant and GP never said anything to this woman

afterall what can be said

" you <may> have symptoms which <could> be the beginnings of <a disease> you <may> or <may not> develop at some point in the future"

i am the least legally minded person on earth but i can see so many holes in that statement it should be laughed out of court -should the case get that far

Deb -
Reread the original OP

The consultant wrote to the doctor:

"some of the symptoms this lady has could be early signs of MS - **but i have not told her this"**

then I cant see a problem then...hire that lawyer!