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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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magicnative

Backwards Knee Replacement

Question

Hi,

I met a woman last weekend at a gathering who's husband had a knee replacement at the Buffalo VAMC. She said that they screwed it up and the knee was put in wrong. I told her to get all the medical records sent to her so that she could see in them what might be there. I don't know how she knows it was done wrong. She said it was too bad you can't sue the VA and I told her there was a way to handle that. I can't remember the proper terms. Can someone tell me? I told her I would get some information for her. Thanks, Judi

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Hi Magicnative,

I believe you are referring to an 1151 claim.

Nice to see you post here.

carlie

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The vet can sue them by filing a FTCA claim ( Federal Tort Claim)

Also he can file a Section 1151 claim-

If he succeeds on both however- the Sec 1151 benefits will be offset against whatever he settles for under the tort.

But he would need bonafide medical proof of malpractice.

"I don't know how she knows it was done wrong."I wondered that too-

they almost killed a friend of mine at the local VA right after they caused my husband's death-

A VA surgeon in Buffalo who saved this vet's life-said something to this vet that made me immediately write a Sec 1151 claim for him-I never saw his medical records and by the time he got the med recs copies -he also had gotten 100% P & T award under Section 1151.

I won both FTCA and Section 1151.

I couldnt find a lawyer so I sued myself-

I never even thought to get an independent medical opinion- after I thoroughly studied Rods records it was obvious to me that they messed up- but I had to study cardiology too- and brain trauma-

and read a lt of yucky autopsy stuff ---etc -it all took a lot of work-

I should have just gotten an independent medical opinion right off the bat and then with a favorable med opinion-the 20 lawyers who told me I would never win-would have been beating each other up to get their hands on the case.

Both Section 1151 claims and FTCA claims require bonafide medical evidence of malpractice.

I had my local lawyer go over something for me the other day on a different matter and he was stunned that I did all this myself-on my FTCA and 1151 claims- he made a good point- I had provided competent lay evidence-which the medical records backed up-

but that is unusual these days-

the VA is too quick to tell the claimant they arent competent to give medical opinions- whether the vet can back them up with documented malpractice in the clinical record or not-

best to get a real doctor to determine if malpractice occurred and then -if filing a FTCA claim-to definitely get a lawyer.

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Hi,

I met a woman last weekend at a gathering who's husband had a knee replacement at the Buffalo VAMC. She said that they screwed it up and the knee was put in wrong. I told her to get all the medical records sent to her so that she could see in them what might be there. I don't know how she knows it was done wrong. She said it was too bad you can't sue the VA and I told her there was a way to handle that. I can't remember the proper terms. Can someone tell me? I told her I would get some information for her. Thanks, Judi

The topic heading says it was a "backwards knee replacement." I don't see anything in this text that indicates it was "backwards."

Pardon my ignorance please, I've never seen an artificial joint before, but it seems to me that it would be rather obvious that something was most definitely wrong in operation if it was put in backwards??? B)

This is of extreme interest to me as I am facing total knee replacement in a few years myself. :D

Edited by Jayg

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really how can you put an artificial joint in backwards? Give the VA docs a chance they can do anything hopefully they did it at least on the right knee so both knees won't be screwed up, or else he can have them put the other legs in backswards then he can walk backwards to go forwards

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