I find it odd that anyone already diagnosed with MS was given a subsequent diagnosis of CFS (although the other way round is common), as debilitating fatigue is such a common and well-known symptom of MS.
I believe (don’t quote me, as my memory can be a bit dodgy) that in surveys, more than half of people with MS have rated it as their single biggest problem - i.e. more of a problem than specific, named disabilities - more of a problem than pain!
So I cannot really understand why someone with a confirmed MS diagnosis who presents with fatigue is not told: “This is very common with your disease”, rather than given a new diagnosis.
True, it should never be assumed that new problems always relate to an existing diagnosis, as that can lead to important warning signs of other conditions being missed. There should be a degree of open-mindedness about whether something is connected with the MS or not. But it does seem very odd that a CFS diagnosis would be pulled out of the hat, when the person is already known to have MS.
Although I have studied law, I am not practising, and cannot take it upon myself to advise you. I will simply say that I do not think you have a very strong case legally, and it would probably not be worth the time, money and stress it would undoubtedly cost you to try to pursue things that way. You feel there has been a misdiagnosis. However, even if your fatigue crisis of 2007 had been accepted without question as an MS relapse (not CFS) it is not clear you would have been eligible for treatment (one relapse in five years does not usually qualify), OR, even if you had received treatment, whether you would have been in a different position today. Available treatments have only limited effectiveness, and most people’s MS does progress over time, even with treatment. It’s not provable things would have been different today, and without proof, you have no case.
I think it would be much better to focus on what practical (not legal) steps you can take today to get clarity about what the problem actually is, and to get the help you need. I think the first port of call would be your GP, unless you see them as part of the problem, in which case the first step would be a change of GP.
I think there are several questions you need answers to:
- What was your CFS diagnosis based on, and what made them so sure it wasn’t part of the MS you’d already been diagnosed with?
- What type of MS do you have now? And,
- What can be done about it?
Do be aware that there is very little in the way of treatment for progressive forms of MS - treatment of the disease itself that is. BUT individual symptoms are treatable, to help you maintain the best possible quality of life.