m5a9c4

[m5a9c4]

I know it  is over 6 years since my husbands death of cardiac arrhythmia (no autopsy, long story) no diagnosis of it prior.  (in fact VA letter states no previous cardiac arrhythmia diagnosed)  My husband's care was 100% VA.  In the last year I have received additional records that make me question if some of his care was "lacking".   Last year I finally received his sleep test from the provider (VA ordered and paid for) that shows "ECG appears irregular with unifocal PVC's" and then this year I finally received his chest Xrays and 2 different States sent me the same records for both states.  Except the state that didn't do the Xray showed a line that has never appeared in any records sent me.  I don't know what the sentence means and before I try to save money for IMO, I want to know if this sounds like I have an 1151 claim? 

Thank you for any time or comments on this.

[broncovet]

Berta will chime in, but it looks like the reports you posted are both

favorable and unfavorable to you, as far as an 1151 claim

1.  Did the VA follow up on the abnormality, "intervention needed"?  

2. Its not good that your late hubbie discontinued his sleep study, and refused treatment.  Frankly, the VA is gonna say, "Gee, how is it our fault the VEteran refused treatment?"

    However, most cases have pluses and minuses and you found both.  I really would like to know if VA followed up on number one, and why or why not.  

    Hopefully, Berta will chime in.  Was an autopsy done, and what was the cause of death?  

[Berta]

I dont know if my reply will post....Tbird is looking into the error message I have received.

 

FTCA...this is beyond the statute of limits for FTCA. A Section 1151 claim is the only recourse as 1151s have no time limit for filing.

You said your husband has been dead for over 6 years.

The "'abnormality" ,attn needed" record seems to be dated March 10, 2009 but it is hard for me to read.

Is that the date of the record and how soon after that date did he die?

Was cardiac arrhythmia the immediate cause of death? what was listed on the death certificate ,under # 2 , of any contributing causes?

Was he a VA patient when he died?   Meaning was he rushed to the ER at a VAMC?

Do you have the ER certificate and his complete medical records?

There really isnt enough info here to suggest a 1151 basis.

However, I am a widow whose husband died due to lack of proper VA health care.

It was his EKGs, proof of an initial misdiagnosed heart attack, and then proof of multiple other diagnoses that were incorrect.

It is very hard work for a lay person to do. I felt like I was in medical school after I filed my claims and went through every single med rec many many times,as it was difficult in those days to even find an IMO doctor.

And I understand that it is hard to make an IMO investment if you are not sure of the outcome.

Something had to happen ,as a follow up, after the "abnormal' report.....did his med recs after that report was done, state WO/CAD or RO CAD?

What cardio intervention happened after the report was done? It seems the other info regards COPD or sleep apnea.... hard for me to read it

 

 

 

 

 

 

 

 

 

 

[Berta]

In a past post you made some time ago, you posted a sleep clinic result.

I suggested that you contact the sleep clinic to interpret it....did you?

Unilateral PVCs are not as dangerous as multifocal PVCs.

But I am not a doctor and cannot determine from the records you posted,  what it was that the doctors seemed to need follow up on.

 

 

[m5a9c4]

Thank you all for responding.  There was no autopsy, I was in such shock from trying to revive my husband  (I walked in to find him unresponsive in his recliner)  that when the coroner said there was no autopsy needed, I remember just agreeing.   His death certificate showed primary "cardiac arrhythmia" and secondary PTSD and sleep apnea.  My husband had two additional sleep studies with in six months and given a VPAP.  In all the records I have and read through numerous times, there was no additional follow up on anything other than his PTSD and medications.  I (with the help of my congresswoman)even specifically asked for the doctor's notes for the day of his last xray (march 09) and they said they didn't have any.  He received his Vpap in April 09 and he was inpatient care for his PTSD from the beginning of june 09 till July 31 09.  My husband passed 12 days later.  The line that says "Attn needed"  was not on any other copy of the same report, only found that on Xray I received in the last 6 weeks.    As for the sleep clinic, I ended up contacting the State Attorney General because of #'s being different and why they only reported on issue's when he was asleep and not while awake.  They informed me 2 months ago that they did not find anything to show the clinic made any error's.  I even sent an email to the lawyers at the Attorney General to state that I understood they couldn't release information to me, but I took their words that the VA was responsible for interpreting the sleep studies.   I apologize for going on and on....   I am attaching a copy of the same report that does not show the statement.  

Thank you all     

 

Edited September 30, 2015 by m5a9c4

[Berta]

"

"he was inpatient care for his PTSD from the beginning of june 09 till July 31 09.  My husband passed 12 days later." 

When was his last EKG done prior to that inhouse program?

In order to be put into the PTSD inhouse here in NY (Buffalo VAMC) my husband had to have an EKG done.

He came home from this Buffalo VAMC in late September, 1994 and died 3 weeks later in October , 21 years ago.

He had a 1151 claim pending and the AM of his unexpected death he made me make 2 promises, one being, if the VA killed him, to go after them.

When I obtained his medical records, I found that not only was the EKG prior to the inhouse program (or maybe when he first got to Buffalo) was abnormal, but I compared it to the other abnormal EKGs in the med recs and obviously I realized they had certainly malpracticed on him.

His 1151 claim that he dictated to me was very alarming when I read it after he died. He thought it would bring him better PTSD therapy but he predicted his own death in it due to heart diasease or stroke that VA might have malpracticed since his PTSD therapy for the past 6 years had been so  inappropriate and non productive.

(I had to fight to get him into therapy with the real PTSD shrink at our local VAMC because he was being treated by the employee shrink and had not worked for VA for years at that point.)

It became obvious to me , as I studied his med recs and also cardiology and neurology )that Buffalo as well as Syracuse VA had covered up known ischemic heart disease that had been misdiagnosed at the local Bath VAMC.

I found an X ray of his heart that was interpreted as normal and  not enlarged.

However either an ECHO, or subsequent records ( maybe the autopsy) showed it in fact was enlarged.

The interstitual involvement attributed to the COPD concerns me but there is not enough info there to know exactly what they mean.

Do you have his complete PTSD inhouse records?

There was an odd incident when he was there, that another PTSD vet called me up about late one night from the VAMC .....I contacted his doctor the next morning who said she had checked him and his BP was "OK":

I asked her for a more detailed statement ( the other vet told me he seemed confused and acted like he was having some sort of seizure) but the doctor said he was fine.

When I got a copy of the actual medical record it stated only that she had checked him that night and his blood pressure was "OK"....there was no documented reading or any other info on that. This record subsequently became part of my AO DMII claim. It was probably a hypoglycemic incident. I proved they misdiagnosed and never treated his diabetes as well.

Malpractice starts with one documented incident ( or a lack of a documented follow up etc etc) and then builds it's own paper trail. It is cvery difficult for any lay person to learn all the medical facts they need, to determine when and how the malpracticed occurred.Some cases ,like a Vietnam vet friend of mine , are extremely obvious but he couldnt see it himself.

And he didnt even need an IMO for the claim I prepared for him long ago. But others are more complex.

Did they change his meds at the PTSD In house VAMC?

Did they keep him on his regular meds?

Did any doctor suggest this could have been a sudden death due to the Sleep Apnea?

Had the VA ever done an ECHO test on him?

 

 

All of these are considerations that a real doctor would consider ,in preparing an IM0, and they would give every single medical record (and also his Drug profile,Blood chem reports,  and maybe even  his PTSD records),a thorough review to see if anything could have prevented his death.

Perhaps as you go over his medical records more ( they take multiple readings) a smoking gun will appear.

One did in my case, that expanded my FTCA case and 1151 claim from being against one VAMC to three VAMCs.

Then again an IMO doctor can find a smoking gun a lot better then lay people can.In my case I was a witness in 1992 to something that I forgot about until 1995 and the medical records ( all handwritten in those days) supported it, as evidence....very well concealed in a handwritten assessment that looked like chicken scratch.

IMO docs are used to reading chicken scratch too..

I hope you can see how difficult these types of claims are and that you will consider an IMO.I only wish I had an IMO doctor when I filed my FTCA/1151 claims. They would have gone faster.and saved me a lot of time and stress.

 

 

 

 

 

 

 

"The line that says "Attn needed"  was not on any other copy of the same report, only found that on Xray I received in the last 6 weeks.    As for the sleep clinic, I ended up contacting the State Attorney General because of #'s being different and why they only reported on issue's when he was asleep and not while awake.  They informed me 2 months ago that they did not find anything to show the clinic made any error's.  I even sent an email to the lawyers at the Attorney General to state that I understood they couldn't release information to me, but I took their words that the VA was responsible for interpreting the sleep studies.   I apologize for going on and on....   I am attaching a copy of the same report that does not show the statement.  

Thank you all  "

The state Attorney General has no jurisdiction over claims or veteran's issues like this.Maybe they should have more control over each state's VAs.

It is the Regional VISN VA COunsel of the General COunsel VA, in DC that handles FTCA claims.

The Statute of limits for FTCA is explained in our FTCA forum.

 

Edited September 30, 2015 by Berta

[m5a9c4]

Only once while in patient (had three different stays in a one year period in a different state) did they schedule him for a EKG and after asking for a copy many times I received a hand written message that there were no EKG's at their facility, it's documented that my husband complained of nausea and dizziness three different time in a one month stay.  His medications were changed 2-3 times while inpatient and then again two days before his death at the local VA clinic.  Tests while on adaptive servo ventilation shows desats, tachycardia, no documentation on that or any follow up on anything.   I am attaching 2 one minute pages so you see what makes me  feel that something wasn't right.  I have spoke to different organizations and lawyers and they have all brushed me off because there is such a lack of information and tests.  Now that I have additional information and with all the "lack of" does it seem that I should follow through and get an IMO?