Guest Pdiddy Posted October 25, 2016 Share Posted October 25, 2016 (edited) Berta, Is 1151 the same as DIC Under 38 U.S.C. 1151 ? (that acronym needs to be changed-is means death is coming in medical terms) May sound like a silly question but I have found semantics is everything when it comes to a claim. Edited October 25, 2016 by Pdiddy typo Link to comment Share on other sites More sharing options...
0 Berta Posted October 26, 2016 Share Posted October 26, 2016 The Primary and any secondary contributing cause of death.....on the death certificate...can you tell us the exact medical words they used. If an autopsy was done do you have a copy of it? Link to comment Share on other sites More sharing options...
0 Guest Pdiddy Posted November 28, 2016 Share Posted November 28, 2016 (edited) On 10/26/2016 at 9:03 AM, Berta said: The Primary and any secondary contributing cause of death.....on the death certificate...can you tell us the exact medical words they used. If an autopsy was done do you have a copy of it? I just saw this. Yes, I know, you don't have t say it. I requested an autopsy and have a copy, along with most of the medical records from that day. They have ARDS first, then Massive transfusion,then liver transplantation Yes, he had a PH, it was a facial wound, that they only gave him 10% for when he left the army, and yes the PH was his rep and his claim was still open. He filed a NOD in Sept and Oct he died. I do have an independent medial opinion that agree with my assessment. Unfortunately, to sue for malp you must have an expert witness from an are that is x miles away from the facility. I forget the exact wording but basically, you can't sue because no doc will do that if they want to keep practicing. Edited November 28, 2016 by Pdiddy added info Link to comment Share on other sites More sharing options...
0 Berta Posted December 1, 2016 Share Posted December 1, 2016 "I do have an independent medial opinion that agree with my assessment." You mean you have an IMO that gives a full rationale that this was malpractice...? That might be all you need for any 1151 claim at this point...what are the qualifications of the IMO doctor? "Unfortunately, to sue for malp you must have an expert witness from an are that is x miles away from the facility." I forget the exact wording but basically, you can't sue because no doc will do that if they want to keep practicing. I think there is confusion here as to filing a FTCA wrongful death claim and also a 1151 claim.-I filed FTCA and had no witnesses x miles away ---I dont know what that means. If you are still within the FTCA Statute of limits, on the SF 95 form it does say to list witnesses but that is usually when a Gov truck hits a pedestrian etc etc..and they sue,under FTCA. I put under Witnesses on my FTCA SF 95 form , a list of all the VA doctors who had malpracticed on my husband. That is not what the Witness area on the SF 95 is for,.....but I did that anyhow because onbe VAMC tried to cover up the negligence from the other VAMC. Thus they were in fact "witnesses". We have considerable info here on both FTCA and also on 1151 claims. I assume the denial was very recent…. You need to send to them a copy of the IMO and ask for a reconsideration, and to amend the claim to request DIC under Section 1151, 38 USC. I would use a 21-4138 form (d0wnloadable here at hadit) and put Attention To and then the Initials that appear in the alphanumeric code to the upper right hand side of the denial. Tell them you are amending the DIC claim to include DIC under 38 USC, Section 1151 And have enclosed a copy of an Independent medical opinion to support that. The ARDS certainly was part of the overall state he was in prior to his death. I hope the IMO included how that was the immediate cause on the death certificate. I am not a doctor but ARDS would be a complication and result of the extensive bleeding.I hope the IMO doctor explained them to them. Link to comment Share on other sites More sharing options...
Question
Guest Pdiddy
Berta,
Is 1151 the same as DIC Under 38 U.S.C. 1151 ? (that acronym needs to be changed-is means death is coming in medical terms)
May sound like a silly question but I have found semantics is everything when it comes to a claim.
Edited by Pdiddytypo
Link to comment
Share on other sites
Top Posters For This Question
5
1
Popular Days
Oct 25
5
Oct 26
3
Nov 28
1
Dec 1
1
Top Posters For This Question
Berta 5 posts
Buck52 1 post
Popular Days
Oct 25 2016
5 posts
Oct 26 2016
3 posts
Nov 28 2016
1 post
Dec 1 2016
1 post
9 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now