gunners7163

No. A tort claim is separate from a SC claim. In order to get a SC disability you'll have to file a section 1151 as you would a normal disability claim. For a tort claim I'd recommend using a lawyer. You can be awarded both a tort claim and the 1151 but if you do win a tort claim your 1151 disability will be withheld until the settlement amount awarded of the tort is reached. Also if you win a tort claim it doesn't mean you'll be awarded the 1151 claim I went through a tort claim last year and also waiting on an 1151 claim. I'll be glad to answer any questions you have. Best of luck!!

Berta and Carlie - just want to say I'm looking over all the info you've both posted and find it excellent. Best information available on the internet! Thank you!

You're right, it wouldn't be. In my case it's the failure to recognize symptoms of DVT. Had she recognized the symptoms an ultrasound would have been ordered, clot discovered, meds administered thus preventing the clot from traveling to my lung. That didn't happen obviously lol. Thanks very much for your reply!

Hi Berta, Thank you so very much for the time to answer my long winded questions. You've provided me a wealth of excellent information! I'll do my best to provide some answers to the questions you asked. "To The VA ER or a private hospital ER.????" I was treated at a private hospital. It was a holiday and felt it couldn't wait. I'm very sorry to hear about what happened to your husband. In my case, the more I learn the better I feel about having NOT gone to the VA for the emergency. I see you've been helping others for some time now so I will make it a point to go back and research and read your advice to others! The VA saw me after the incident, mostly by a hematologist and the anticoagulant clinic. I'm not sure if anything is rectified at this point because I still have issues of chest tightness and discomfort (not to mention some emotional issues I'm having trouble getting past). I haven't received any guidance from the VA other than monitoring my INR levels for coumadin. Ironically, the rheumatology appointment my PCP advised took place today at the VA. I explained to the doctor about the pain and my PCP advice (hence today's visit) and his first response was "Why wasn't an ultrasound ordered to check for DVT?" Good question!!!! No clue about my blood results prior to the incident. However, I've downloaded my lab tests and I'll research and see what's there....who knows! There was a possible DVT incident while I was in service. In 1996 after two very long international flights, I had similar calf pain and the doctor (at a small clinic in Manila) opined either calf strain or DVT. They did a quick ultrasound and didn't see anything. Well I see now that doesn't mean a thing. The private hospital did an ultrasound as well to make sure the DVT was gone and didn't see anything. The VA did one several days later and did see a clot. I'm thinking the ultrasound is only as good as the person conducting the procedure. I did speak to an attorney today who is former service guy and familiar with the VA system. He's quite certain we have a strong case. He did say that we (he and I) are not medical professionals so we will have to obtain non-VA medical professional opinions to back the claim. That makes sense. He then asked for my military, VA, and non-VA medical records. So the research begins! Hope this cleared up a couple of your questions. Feel free to ask away, it benefits me and anyone else who may have a similair situation! Thanks!!!!!!

Good Morning! I'm a newbie but have used this site many times for important information. I would like opionions on a potential 1151 and FTCA claim I'm thinking of doing. I say thinking, because not sure if it applies but also feeling a little bit werid thinking of doing this. Last month, Feb 2014, I went to see my VA Primary Care doctor for moderate-extreme pain on the upper calf of my right leg that I had almost two weeks (I thought it was a calf strain but it just wouldn't get better). My doctor saw me, spent about 10 minutes typing and copy/pastiing my info on the her PC then looked at my leg for less than a minute. She touched the area of the calf where the pain is located and I yelled out because it was so tender to the touch. She told me to make an appointment with Rheumatology (I have osteoarthritis on that knee). A few days later I took off from work due to the pain and inability to walk. However, during the evening that day and into the next day, the pain began to subside. By the end of the next day however I started to feel pain in the right side of my chest (also thought it was a strain...obviously I'm not medically smart!). The next day the pain was worse so I went to the emergency room where I was immediately admitted with a large to massiive pulmonary embolism (PE). I spend five days in the hospital. After asking me questions, I told them about the leg pain and they said the pain on my calf was a clot or deep vein thrombosis (DVT). I knew absolutely nothing about what they were talking about except they kept telling me how lucky I was because this could have been fatal. I'm now on coumadin for life. Very terrifying to think about. After this whirlwind event, I started researching this subject and talking to people. From what I've found out, my PC doctor should have examined me more thorougly and conducted some tests to rule out DVT. It seems from what I've found out that the location of the pain, tenderness, the fact I have ulcerative colitis, a little overweight, and some mobility issues because of artritis in my knee and ankle combined with winter, should have been some of the indicators to check for DVT. Sometimes swelling is a factor but it was not noted thought I believe I may have had some swelling. I think had I been put on coumadin/heparin and/or blood clot breakup medication all of this would have been avoided. Now, I like my primary care doctor. She's a very nice lady. But the more I think about this the more it bothers me. I'm angry and fearful and just can't get it out of my head that I nearly died. Everytime I feel anything at all on my leg or chest I panic (it's usually gas). Some friends have suggested I take action, seek legal assistance, and file an 1151 and a Federal Tort Claim. This seems all clear cut to me that I was wronged and a malpractice (though unintentional) took place but I'm not a medical professional and as mentioned before, not always up-to-date with the obvious, especially when it comes to medical things. sorry for the long explanaion. Appreciate any thoughts!!