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Charleese

Is This Answer Enough Or Is More Needed

Question

Hi Everyone,

As you know my son had surgery by VA Doctors and now it has left him with numbness, scarring and nerve or nerve(s) damage.

I'm am helping him file an SF 95. Under item 10 it asks that you state nature and extent of each injury or cause of death which forms the basis of the claim.

This is what we put: Nature - Numbness on right side of neck and jaw; scarring on right side of neck; and nerve or (nerve(s) damage. Under Extent we put: Permanent Numbness on right side of neck and jaw; Permanent Scarring on right side of neck (approximately 5 inches); and Permanent Nerve or Nerve(s) damage.

We also state: Mother was not conferred in decision making process prior to full neck disection , as stated that she would be which is outlined under Comments item #17 of VA Consent for Treatment/Procedure that was signed by my son prior to surgery. A full neck dissection was performed by doctorsw without conferring with my mother. If they had conferred with my mother then they would have known that she would of opted for radiation therapy over full neck dissection. The VA was negligent in my care when they refuse to confer with my mother prior to them doim doing a full neck dissection so she could aid in the decision making process. Therefore their negligence led to them nicking a nerve or nerve(s) during procedure causing me permanent numbness on the right side of my neck and jaw; permenanet scarring on right side of neck, plus permanent nerve or nerve(s) damage. I believed if the VA and their doctors had conferred with my mother after frozen section was compkleted, the Doctors would have known tha my mother would have opted for radiation therapy instead of full neck dissection. Also, my mother's decision would have led to my not having permanent numbness on the right side of my neck and jaw; my not having permanent scarring on right side of my neck and my not having permanent nerve or nerve(s) damage. When stitches were removed, it look liked someone cut me with two rusty razor blades. My scar is approximately 5 inches and visible. People are always asking what happen to me. Others have had this operation at VA and you cannot see the scarring.

My question is this enough or if not tell me what is missing.

Thanks in advance for your replies.

Edited by Charleese

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I feel you covered this well but I also suggest getting an IMO and also a lawyer.

Make the point in the very first question as to the basis for cause of action is that the VA did not adhere to established medical principles or procedures which are found within the standard and usual medical community-and through that medical error or omission they caused additional permanent disability to occur.

(or any words to the affect that the VA did not do what real doctors outside of the VA would have done in same medical situation)

Lawyers prefer writing these SF 95 themselves in many situations.

Do you have time left under the Statute of Limits-to get an attorney for this?

Statute of Limits- SF 95 must be filed within two years after direct knowledge of the malpractice or negligence.

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Hi Everyone,

As you know my son had surgery by VA Doctors and now it has left him with numbness, scarring and nerve or nerve(s) damage.

Charleese,

How old was your son when this procedure was done?

This is what we put: Nature - Numbness on right side of neck and jaw; scarring on right side of neck; and nerve or (nerve(s) damage. Under Extent we put: Permanent Numbness on right side of neck and jaw; Permanent Scarring on right side of neck (approximately 5 inches); and Permanent Nerve or Nerve(s) damage.

Charleese,

Is there full medical documentation that support findings of the above residual disabilities ? If yes, are you submitting that with the claim ?

We also state: Mother was not conferred in decision making process prior to full neck disection , as stated that she would be which is outlined under Comments item #17 of VA Consent for Treatment/Procedure that was signed by my son prior to surgery.

What age was your son at when he signed the consent form ?

A full neck dissection was performed by doctorsw without conferring with my mother. If they had conferred with my mother then they would have known that she would of opted for radiation therapy over full neck dissection. The VA was negligent in my care when they refuse to confer with my mother prior to them doim doing a full neck dissection so she could aid in the decision making process.

Therefore their negligence led to them nicking a nerve or nerve(s) during procedure causing me permanent numbness on the right side of my neck and jaw; permenanet scarring on right side of neck, plus permanent nerve or nerve(s) damage. I believed if the VA and their doctors had conferred with my mother after frozen section was compkleted, the Doctors would have known tha my mother would have opted for radiation therapy instead of full neck dissection. Also, my mother's decision would have led to my not having permanent numbness on the right side of my neck and jaw; my not having permanent scarring on right side of my neck and my not having permanent nerve or nerve(s) damage. When stitches were removed, it look liked someone cut me with two rusty razor blades. My scar is approximately 5 inches and visible. People are always asking what happen to me. Others have had this operation at VA and you cannot see the scarring.

Charleese,

I feel the above will be looked upon as hypothetical speculation.

As they did not confer with you prior to the procedure then there is

no way to prove or show what your decision would have been.

I would think that "their negligence led to them nicking a nerve or nerve(s) during procedure causing me permanent numbness on the right side of my neck and jaw; permenanet scarring on right side of neck, plus permanent nerve or nerve(s) damage",

would be the lead cause of any claim for the residual disability.

As for, "People are always asking what happen to me.", how has this added to any

claim for the residual disability. Has it effected him mentally or emotionally ?

If yes, what medical evidence from a mental health provider is of record, to support findings of the additional residual disabilitiy ?

jmho,

carlie

My question is this enough or if not tell me what is missing.

Thanks in advance for your replies.

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I feel you covered this well but I also suggest getting an IMO and also a lawyer.

Make the point in the very first question as to the basis for cause of action is that the VA did not adhere to established medical principles or procedures which are found within the standard and usual medical community-and through that medical error or omission they caused additional permanent disability to occur.

(or any words to the affect that the VA did not do what real doctors outside of the VA would have done in same medical situation)

Lawyers prefer writing these SF 95 themselves in many situations.

Do you have time left under the Statute of Limits-to get an attorney for this?

Statute of Limits- SF 95 must be filed within two years after direct knowledge of the malpractice or negligence.

Berta,

We do intend to get an IMO and a lawyer, but we thought you had to do an SF 95 and Section 1151 first before you hire a lawyer. His surgery took place on April 3, 2008 so we do have a little time left. Our thinking was you fill SF 95 first and send to General Counsel then go on the internet and find a lawyer and send he/she a copy of SF 95. The reason why he is doing a Section 1151 is because he would like to be service connected for these injuries. If this is wrong please let us know. Thanks!

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Carlie,

My son was 42 years old, he hadn't turn 43 until April 25 and surgery was April 3rd, 2008. Yes there is full medical documentation. He got his medical records pertaining to his surgery from VA last year. It contained his Surgical Information, Consult Request, Discharge Summary, Lab Result, Medication,Problem List, Progress Note, Radiology Report, Vitals, and VA Consent For Treatment/Procedure. Yes we are submitting copies of full medical documentation with SF 95 and Section 1151 claims. He's doing Section 1151 hoping they will settle and service connect him for these injuries.

We don't feel like this would be hypothetical speculation because under item 13 in Consent Form it ask: "What Are The Alternatives To This Treatment/Procedure? It goes onto list under Neck - Selective Neck Dissection "Alternatives of this procedure may include radiation therapy (using high-doses x-rays or other high-energy rays to kill cancer cells), modified radical neck dissection, or radical neck dissection. The patient may also decline treatment. So we had two options - radiation therapy or decline treatment, my son and I talked it over on day of surgery and we both felt radiation treatment would be better than going through with a full neck dissection. However, they did not confer with me. We also feel that this goes towards VA not adhering to estalished medical principles or procedures. That's why we cite them for not conferring with me. Thanks!

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Charleese,

Thanks for your answers.

By chance, at the time your grown son signed for the surgery,

were you his legal medical surrogate for any reason?

I only ask because I think a court will ask this in the tort claim.

I feel the 1151 will go better than the tort, this is only

my opinion.

jmho,

carlie

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