Hello Again Help Needed Va Claim

[littlejuniata]

Hello: I was here before conderning a VA malpractice claim where they did a valve replacement and cut my cartoid artery resulting in significant blood loss before they noticed it. I have been in contact with the VA attorney and they are reviewing the case, (couple months) Saturday I received a letter from that attorney saying that the doctor who made the error is not a VA employee! What should I do?? Thanks in advance

[Speaking Out]

The VA did the same thing to me when I filed a Tort Claim for medical malpractice. The reasoning the VA tried to use is that the doctor carries his own malpractice insurance and VA employees do not have to, so in their eyes he wasn't a VA employee. He had a private practice outside of the VA and that is why he carried his own insurance, but the VA was responsible for his actions because he was contracted to the VA and that contract makes the VA responsible for his actions. The VA did not do the kind of surgery he performed on me and had contracted with the local University Hospital to do those proceedures there. The VA tried to get that hospital named in the tort, but the judge ruled that the University hospital was not responsible because at the time they were just an extention of the VA. Now, you could sue him individually also, but if you don't, and let him know how the VA is trying to throw him under the bus he might be willing to cooperate on your side. I called my doctor and faxed the letter to him that the VA General Counsel sent to me saying he was not a VA employee and not covered by the VA. He didn't like it very much. My doctor refused to cooperate with the VA, but was willing to meet with my attorney and by doing so he restored some of my faith in people. This is a trick the VA is trying to pull on you making you think you have to go the route of a civil malpractice suit against this doctor where the guidelines for malpractice are more difficult to make your way through. Hang in there. We are here for you.

[littlejuniata]

If that is the case, These folks pay Malpractive insurance. you should go after them outside the VA. ALso check with an attorney to see what your rights are. The VA may still be responsible.

Thanks for the reply jbasser, the situation is that I filed with VA within the two year time frame, which was July of this year, the VA attorney just notified me of this in a letter received last Saturday even though she has had the information since before July of this year.

[littlejuniata]

The VA did the same thing to me when I filed a Tort Claim for medical malpractice. The reasoning the VA tried to use is that the doctor carries his own malpractice insurance and VA employees do not have to, so in their eyes he wasn't a VA employee. He had a private practice outside of the VA and that is why he carried his own insurance, but the VA was responsible for his actions because he was contracted to the VA and that contract makes the VA responsible for his actions. The VA did not do the kind of surgery he performed on me and had contracted with the local University Hospital to do those proceedures there. The VA tried to get that hospital named in the tort, but the judge ruled that the University hospital was not responsible because at the time they were just an extention of the VA. Now, you could sue him individually also, but if you don't, and let him know how the VA is trying to throw him under the bus he might be willing to cooperate on your side. I called my doctor and faxed the letter to him that the VA General Counsel sent to me saying he was not a VA employee and not covered by the VA. He didn't like it very much. My doctor refused to cooperate with the VA, but was willing to meet with my attorney and by doing so he restored some of my faith in people. This is a trick the VA is trying to pull on you making you think you have to go the route of a civil malpractice suit against this doctor where the guidelines for malpractice are more difficult to make your way through. Hang in there. We are here for you.

Thanks for the reply Speakingout, has your claim been settled? The errors the doctor made were twofold, first he cut my cartoid aretery then they did not notice the cut till I had experienced severe blood loss, what should have been 5 to 7 days in the hospital turned into 2 months in a coma in intensive care, I am still only half the man I was before the operation. They opened me up, then noticed the blood loss, I was in really bad shape so they sewed me back up and waited about a month to try to repair the valve again. As I stated in another post this happend 2 years ago in July of this year, VA atty had the information before that, just now sent the letter about the doctors, seems pretty sneaky to me. Thanks again, what should I do?

[Speaking Out]

We settled my tort claim in March of this year. It went from Nov of 2003 until March of 2007. Some go quicker, some go slower, but it sounds like you are in the "it's not our responsibility" phase. The VA even tried to use the fact that I was considered disabled prior to this and therefore the VA was not responsible. You have to be on your A game and make sure your attorney knows about 1151 claims and offsets. Don't let the letters from the VA upset you to much because you already know that they don't play nice and as hard as it is, you hang in there. Are you dealing with the RO General Counsel or is an Asst. US Attorney the attorney for the VA?

[littlejuniata]

Appreciate the reply Speakingout: I currently do not have an attorney, I feel it just an added expense for both sides, glad you got your claim done. I am not sure what the atty's position is, her address is the same as the VA hospital.

[littlejuniata]

We settled my tort claim in March of this year. It went from Nov of 2003 until March of 2007. Some go quicker, some go slower, but it sounds like you are in the "it's not our responsibility" phase. The VA even tried to use the fact that I was considered disabled prior to this and therefore the VA was not responsible. You have to be on your A game and make sure your attorney knows about 1151 claims and offsets. Don't let the letters from the VA upset you to much because you already know that they don't play nice and as hard as it is, you hang in there. Are you dealing with the RO General Counsel or is an Asst. US Attorney the attorney for the VA?

I don't even remember speaking to the doctor who messed up, but my wife thinks he is an arrogant jerk. From his internet presence he seems to love the spotlight and publicity. He never even apoligized, went to Italy right after messing me up.