Prospector

Berta, Thank you.
I guess I have been so involved in trying to stay alive as long as possible, I have not given an FTCA or 1151 enough consideration. I had actually found a IMO source which will write an opinion for $2500. If court appearance is required you have to negotiate with that Doc for those costs.

I never backed down from anything in my life till now. From your encouragement and info I will go back and make this work. When I explained the facts of my tort case to the one attorney I got to speak to personally, he said the malpractice on the part of the VA was clear and evident in my case.
From the very beginning not doing the correct tests on the biopsy samples to determine the type of cancer I had (the same tumors they said were probably benign when they did the first biopsies, lit up on the Octreoscan a year later showing they were not benign but in fact Carcinoid)
They would have known this had they ran the right tests on the biopsy samples. Even after finding out what they were, part of the determination of how to treat them is doing a Ki-67 or mitotic index (shows how fast the cells divide and grow) At the visit 10 days after the original Octreoscan the Doc offered me the pill chemo that is not recommended by the manufacturer for this cancer. I asked what the Ki-67 results had shown, as according to all of the specialists, that determines which tumors have any chance for chemo to help. The lower the Ki-67 the least likely any chemo would affect them, but would certainly damage your immune system and other parts of your body. He replied he guessed they had not ran a Ki-67 report. I requested one. The next month at my next visit I saw another of their docs. His first question was I willing to start the chemo pill. I asked what were the results of my Ki-67, I explained I had requested one. He looked on the computer and said it appears they have it up in pathology. He would go get it. When he returned he had a senior oncologist with him who he introduced and remarked he had been told no one was allowed to see me without a supervisor present. I asked the result of the Ki-67. He replied 5% (extremely low - almost no chance any chemo would work on it) He asked again if I would take the chemo. I responded that would be like trying to shoot a fly on the wall with a shotgun. You may or may not affect the fly but you are guaranteed major collateral damage. The answer is no.

The young doc commented "You know an awful lot about this disease." I replied " Only because you and your bosses don't."

When waiting as the Dallas VAMC for an Oncology appointment another Vet began talking to me. He had just won a TORT case (settled with an offer) the month before. Come to find out we both had the same primary care Doctor. She had forgotten to order a colonoscopy when he had a test that showed blood in his stools. This was the same Dr. who had forgotten to order my Pet scan from January till May at my next visit. At that point, I only had on my mind getting some sort of treatment for my cancer. I probably should have filed then.

Unlike most cancers (which have a higher Ki-67 index where I would have already been dead) this cancer does not show any symptoms. That is how I was able to continue working. I had been treated for PTSD for the prior 3yrs at that point, and found it increasingly hard with the VA to understand I had been fighting the PTSD much longer than the cancer, but they continued to go back to the cancer as why I had to retire. It did increase the symptoms of PTSD but it was not the reason I could not continue working.

Again thank you for the advice and help. I am now going after them "Big Time".