Surgical Errors During Valve Replacement Surgery

[littlejuniata]

Went in as a healthy 72 year old was told that the valve replacement would make me healthier and have more energy, was pretty darned healthy before, no chest pains or shortness of breath. Was told 5 days and I wuld be headed home. The surgeon cut my cartoid artery accidently and I nearly bled to death, resulting in my being in a coma for two months. Now nearly 2 years later, I am still far from a healtjy 180 (6 ft tall) now I am 150 and scranwy, have 50 percent loss of use of one arm, have shoulder blades that look like turn signals, have very little energy, my mental capacity has diminished. The streses my wife went through with this deal could have resulted in here being off her feet for an extended period of time and her hospitalization and medical costs where a result of my condition and the surgical errors made by the VA heart surgeon. What should I claim and for how much money?? Thanks for any and all advise.

Edited June 4, 2007 by littlejuniata

[Pete53]

Welcome to Hadit. You are entitled to file for VA Service Connection and also for damages. I suspect that you need to investigate the surgery it was probably done by an intern.

Sorry that has happened to you no money can make up for injury dobe by half assed Docs.

[Berta]

On the FTCA ask for millions- make sure you fill out both parts as to the amount and the total-on the SF 95-

You could consider Section 1151 claim too- the Section 1151 comp would be offset to any potential FTCA settlement-

I advise don't do what I did- I succeeded in FTCA settlement and also Sec 1151 claim-the VA admitted they caused my husband's death.

I did all the medical work and legal work myself-

I did not have any independent doctor's opinion on the malpractice and I didnt have a lawyer-

Not having a lawyer got me more money- but the medical stuff involved months of studying cardiology.

Unless you have considerable time and are willing to study medicine I suggest that you get an IMO to make sure that there is malpractice and that the VA is liable.

You only have 2 years from date of your knowledge of VA malpractice to file the SF 95-

you can file a Section 1151 claim anytime-

more info on both types of claims should be available here at hadit under search feature.

[windy city]

On the FTCA ask for millions- make sure you fill out both parts as to the amount and the total-on the SF 95-

You could consider Section 1151 claim too- the Section 1151 comp would be offset to any potential FTCA settlement-

I advise don't do what I did- I succeeded in FTCA settlement and also Sec 1151 claim-the VA admitted they caused my husband's death.

I did all the medical work and legal work myself-

I did not have any independent doctor's opinion on the malpractice and I didnt have a lawyer-

Not having a lawyer got me more money- but the medical stuff involved months of studying cardiology.

Unless you have considerable time and are willing to study medicine I suggest that you get an IMO to make sure that there is malpractice and that the VA is liable.

You only have 2 years from date of your knowledge of VA malpractice to file the SF 95-

you can file a Section 1151 claim anytime-

more info on both types of claims should be available here at hadit under search feature.

I am suppossed to get some procedures at the VA and I am scared to do them because of fear of getting injured by them. A couple of weeks ago my VA doctor called me at home to tell me to quit taking my medication for my cholesterol because it was harming my muscles after two years of taking this medication and complainning about muscle pain I finally found out what was and still causing chronic muscle pain.

[Berta]

I think I should explain- asking for millions makes sure that- if you are offered settlements from VA OGC and you dont accept them and want to go into federal court- to pursue- best to have all avenues covered-

you will need a fed lawyer for that eventuality but the millions-(possible but hard to get that much) will make it easier to get a lawyer and also easier to get them to settle.

Veterans and their widows have gotten considerable high malpractice awards.

But the fed court takes a lot of time- and even if the OGC wants to settle with you at the VA level in DC - there are often state statutes on how much they can settle for.

If one is a careful investor they can tiurn a settlement from VA into a lot more anyhow-

and recoup the Sec 1151 offset that way.

VA pays more for causing a vet's death then for causing malpractice in a living veteran-

If I were you I would talk to a good vet rep if they see that you should file Section 1151 also-

I did both- I re-opened my dead husband 1151 claim in which he predicted the VA was going to kill him-

and VA wanted to settle with me 3-4 months after getting my SF 95-

but then that VA RC lawyer retired and I went to VA OGC in DC-

2 years later I settled with them and used that evidence to get the Section 1151 award.

FTCA is separate issue from Section 1151 claim.

It all takes bonafide probative medical evidence that raises no doubt that malpractice had been committed and that it caused you additional disability.

[littlejuniata]

Appreciate the input folks, what is maddening is that after they mistakenly cut my cartoid artery, the group (some students) didn't realize I was bleeding to death until I lost nearly all my blood, so they had to sew me back up and recover from that then operate again. They were extremely worried about brain damage, I could tell that from the tests they did, after the operation my one arm was about useless it has recovered about 50 percent, they Drs at VA said my arm and posture (shoulder blades) would not get any better than at present. How do I get that other form recommended?? Again Thanks for the input.

[Berta]

I am assuming that the students came under the auspices of a University such as Syracuse University who has VA doctors and also medical students who observe stuff and they work in conjunction with the VAMC?

This was situation I found myself in my husband was getting care from one Neurologist who said he was from "Upstate" meaning the University-

but VA paid him so he was named as part of the malpractice-I wondered at first who was and who wasnt liable- but then again the Syracuse University interns just came in and looked at him- they didnt treat him-

(I wish they did-they might have diagnosed him correctly)

On the SF 95 I named under witnesses-all VA doctors who I had documentation of treatment on who I knew had malpracticed.

There is no form for a Sec 1151 claim.

There is a template here I think-under the search feature-

Basically you just state

This is a claim under Section 1151, 38 USC. I believe that my medical records will reveal that I received inappropriate medical treatment and practice that was not consistent with the type of appropriate care as found in the usual and standard medical community.

Due to these medical errors and inappropriate and negligent acts ,I have suffered additional disabilities which I make claim for compensation under auspices of Section 1151, 38 USC.

You could refer them to and attach anything that supports the claim. They will ask for more however.

Again I suggest getting a real doc's opinion on this stuff.

The transfusion records, etc the carotoid error etc- all that should be found in your med recs-which I hope you have a copy of-

if not get a copy of them BEFORE filing the SF 95 and Sec 1151 claim.

They dont destroy records-they sometimes conveniently 'misplace them' when they see 1151.