retaliation and malpractice

[Icarus]

First let me say that I can't tell you how grateful I am for a site/forum such as this! As I'm sure you all know it can get kind of dicey out hear trying to go up against the feds/VA without sufficient information and support. So, to all of you who have served and participate, THANK YOU!!!

I am in the process of filling complaints against the Denver VA Medical Center for an assortment of violations ranging from illegal use of the "disruptive behavior note" as a means of patient retaliation for filing a complaint with the patient advocates office to withholding of care, violations of standards of care related to dental issues, violations of informed consent laws/regs, falsifying medical records, omissions leading to damage to patient health, etc. 

My number one concern tonight is that I recently discovered whistle blower laws only apply to employees or contracted workers. 

 

My question is what legal protections does a veteran have against retaliation for filing a complaint against a doctor or doctors? And what should I do to protect myself?

My next question has to do with who might I contact to share my evidence with that proves my above listed allegations? My evidence is solid. It will not be my word against theirs because four years ago I saw the writing on the wall and began taping key dental visits to protect myself from people in the dental office who, without a doubt, didn't have my best interest at heart. A trusted provider at the VA told me after reviewing what I had in terms of evidence said he's never seen such a solid case that will not rely on my word against there's. For example, just days after filing a complaint against the dental department my claim that I watched being supposedly entered into the hospital data base just disappeared without a trace, And just a few days after that the assistant chief of Dentistry wrote a "disruptive behavior note" and I didn't find out about until months later. It was looked into and I was cleared of any wrong doing. But they weren't finished. At a dental visit a few weeks later a dentist in a neighboring cubicle wrote another disruptive behavior note that was a total fabrication. She didn't realize, however, that I recorded the whole appointment and what can be heard on the recording in no way matches what she claims I said and did at that appointment that she feels justified the action she took that could have led to my records being flagged. Their is much more and the "note" is only one aspect of my complaint. But in short, I have irrefutable evidence and I want to know what you guys think on how I should proceed. By the way, another substantiated complaint has to do with physical harm being done to me from the wrongful extraction of numerous teeth, etc. 

 

I know may of our veteran brothers and sisters are humiliated and marginalized at too many of our VA facilities, and I think I have the goods to bring their misdeeds into the light and force them to make some changes. That is my hope.

 

Ron L

 

[Berta]

There are two different issues here.

“By the way, another substantiated complaint has to do with physical harm being done to me from the wrongful extraction of numerous teeth, etc. “

This would involve filing a Negligence claim under 38 USC Section 1151.

They require documented medical evidence of VA negligence/malpractice and also

Proof of a documented disability, rated at least at 10%.,directly due to the proven malpractice.

We have considerable 1151 info here in that specific forum.

“My number one concern tonight is that I recently discovered whistle blower laws only apply to employees or contracted workers. “

That is correct. I was a whistle blower during Shreddergate, also during the Phoenix scandal, and intend to be a whistle blower again, now that we know who the new VA Secretary is.

I also blew the whistle on many vet reps  via a well documented complaint I filed with the OGC many years and am very satisfied of the results of that.

As a VA claimant I quess maybe I could say the VA retaliated against me many times, due to the ridiculous and even illegal ways they handled most of my claims.

But I have never feared "retaliation", when they realized they caused my husband’s death, and they paid dearly for that anyhow ....I would call that  a battle, with incompetents and many denials based on  "spite" but my evidence clearly overcame all that.And I used the regs against them.

You appear to have taped conversations that were made at a VA.I do not know what the state laws are in your situation, as to legal taping and how that applies to a federal facility.

Here in NY I sure wish I could tape phone calls I have had with our RO director.

However I would have had to let her know if she objected to the taping. I am sure she would have objected. I had to explain a few regulations in 38 to her….and it got far worse than that…..

"I am in the process of filling complaints against the Denver VA Medical Center for an assortment of violations ranging from illegal use of the "disruptive behavior note" as a means of patient retaliation for filing a complaint with the patient advocates office to withholding of care, violations of standards of care related to dental issues, violations of informed consent laws/regs, falsifying medical records, omissions leading to damage to patient health, etc.

 

My question is what legal protections does a veteran have against retaliation for filing a complaint against a doctor or doctors? And what should I do to protect myself?"

The VA pharmacy wrote me up in a complaint when I went over to them to straighten out a medication error they made. Maybe that was a retaliation????

It was a very serious medical error and the vet who should have received the meds could definitely have died,.but the VA told him for 3 weeks that he got them in the mail.

He didn’t-they came here and my husband took them and died…but that was not the cause of his death by VA. (FTCA/1151)He should have been on the other vet’s dosage for 6 years.

The “complaint” the pharmacy wrote up on me,in my C file or the med recs…forget where…. was never an issue in any of my claims.

Actually it was quite comical.

I have never feared “retaliation” nor do I ever fear it would impact on my valid VA awards in any way at all.

 

“My next question has to do with who might I contact to share my evidence with that proves my above listed allegations”

I could answer that but you need to check the state laws on taping in a federal facility, and if that is OK to do in your state, then you need to find a transcriber ( your county court house may have a list of deposition and court transcribers) who can, for a fee, produce  the tapes as a transcript with their

signature and verification of their status as a court reporter or depo transcriber, that the typed results are true to the taped information, to the best of their ability.

Of course you would also have to prove the identity of those individuals you taped. Unless they called each other by name in the tape results.

 

 

 

 

 

 

 

 

 

 

Edited January 13, 2017 by Berta

[Icarus]

Thank you so much for your reply...I'll keep you posted with anything new and pertinent. 

Ron