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Question On Death Certificate

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jessejames

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The Death Certificate reads under "cause of death" a. uncontrolled seizures b. CVA (which means stroke) c. Hypertension Under Part II "other significant conditions contributing to death, but not resulting in the underlying cause, acute renal failure, IDDM (Insulin Sependent Diabetes, ASCVD (cardiovascular Disease), PTSD. This veteran was service connected for 20% Diabetes, 100% PTSD, 30% Liver Cirrohis, the seizures started shortly after the liver problems were found...he was a drinker up until then, but the VA had been prescribing Klonopin for anxiety and even doubled it before I told his wife the Klonopin labels said to NOT give to anyone with liver problems. The VA removed him from klonopin and he started having seizures, which were later controlled with 2400mg of gabapentin daily and topomax. He had never been diagnosed with either hypertension or cardiovascular disease. The reason he went to a local hospital was his kidneys began failing and he was admitted and dialysis was done twice, then his kidneys starting functioning and he was removed from dialysis. When he was first taken to the emergency room, they called the VA and they told them to admit him that they had NO room at the VA hospital. He stayed for approx 3 weeks in the hospital and the private doctor cut his seizure medicine down from 2400mg per day to 300mg. He was taking 1200mg in the mornibg and 1200 mg of gabpentin each day. On the day he was discharged to a Nursing Home (for physical therapy and care to try to help him grow stronger), he was not given any seizure medicine that morning and we don't know if the Nursing Home gave him any at all. He began having seizures on the 80 mile ambulance drive to the Nursing Home and that night his seizures became serious and the hospital was called and they took him back there. By this time, his kidneys were failing again, he was in full blown seizures, his blood pressure dropped and they could not get him revived. A Nurse pronounce him dead and the Nurse stated he had a stroke, the Doctor who had been his attending physician told the spouse he did NOT have a stroke...but it shows up on the Death Certificate.

I think the spouse has a case against the hospital for reducing his seizure medicine when he had been on 8 times the dosage for over 3-4 years, and uncontrolled seizures is listed as Number 1 cause of death.

My question is: since none of his s/c conditions are listed as "immediate cause" of death, although the seizures were no doubt related to the treatment of his liver problems....can any of the "other" s/c conditions listed as "contributing to death, but not resulting in underlying cause" can these be used for the increased benefit for Burial Benefits, ie the $2,000 vs the normal $600????

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I do not know about responsibility for the death - however, since he was service connected for DM and stroke was listed as a cause of death DIC will be no problem. Oh we are dealing with the VA so let me restate that, the veteran is SC'ed for DM the widow SHOULD not have a problem with the DIC. DM is a leading cause for CVA and any doc worth his oats should provide a letter tying this together for her.

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