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

[john6012]

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. Before I retired from the VA hospital, I kenw a guy who had a bad heart vale. The did the surgery and post-surgery he had the same symptoms. He went to a private MD and had an evaluationa nd the said the VA took out the wrong valve and you have to undergo surgery to correct the bad valve they should have taken out. He recovered and settled out of court for $100,000 and 100% service-connection. Paid cash for a house and as far as I know, he still is kicking. True story.

[littlejuniata]

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.

Thanks all""' BERTA, the VA surgeon did the damage and allowed the blood loss, it is in my records, he s a surgeon with the Univercity of Pittsburgh and supposedly a good surgeon. Since they know what happened and admit the arm use loss and posture, wouldn't it be sort of a slam dunk?? Would I need to study heart information if the facts are clear and stated in my medical records from VA Pittsburgh?? Really appreciate your information and help. THANKS Edited June 4, 2007 by littlejuniata

[littlejuniata]

What are the "MUST" items that need to be in the form 95 to insure that the case is legally opened?? Thanks Also are witnesses required and are their any demands as to who the witnesses are?? Thanks again

Edited June 5, 2007 by littlejuniata

[Berta]

MUST items- Preoof of mailing of the SF 95 postmarked within 2 years of your awareness of the malpractice-

ANy medical evidence whatsoever that supports the claim- that discharge certificate from the VAMC surely shows plenty- and again I think you will need the transfusion records- to show the loss of blood was so significant as to cause further problems-

Also any med recs at all that show your state of physical condition before and then after the surgery.

Just send what you can- the Regional COunsel will ask for more in time-

A MUST is however to get copies of ALL the med recs possible and any "incidentt reports" that this generated from the VAMC.

Get ALL above before filing any SF 95 or any Sec 1151 claim.

Consider getting an IMO-too-

an independent medical opinion will be costly but can support the intricate medical aspects of this claim-unless you want to study medicine-

But It COULD be a slam dunk !-- 3 months after my husband dropped dead due to VA care-

his buddy came over- he had just been operated on for cancer which surprised me as the VA had been treating him for GSW problems and hemmoroids.

With minutes after he told me a little of what happened at Syracuse VA-I typed a Sec 1151 for him- one paragraph-copied it- he signed it and mailed it certified to the RO--without even sending any med rcecs-

(this was January- and on April 3rd he got a check and an award letter-100% plus SMC- due to VA malpractice-)

He was shocked because he didnt really understand what a Sec 1151 claim was-

My Sec 1151 claim took almost 4 years and his took almost 4 months-same VARO-

depends on the circumstances-

Adverse event is like the same "incident report" I mentioned-

Edited June 5, 2007 by Berta

[Jay Johnson]

Tort claims against the VA are difficult if not impossible. However, you shouldn't have too much issue with getting compensation. Of course this isn't to say you don't hire a lawyer and try, but don't hold your breath either.....sueing the government is anything but easy:-(

[littlejuniata]

Double Post: Sorry

Edited June 5, 2007 by littlejuniata