Odd Foia Malpractice Question

[Berta]

I havent gotten the letter yet- the OGC FOIA office was preparing it when I called-

I have been pursuing this situation for almost ten years-but

My last request asked for something I finally know that the VA doesn't have.

I just want them to state they dont have it

(proof they never made mandatory reporting of the VA doctors who caused my husband's death to the NPDB)

This type of reporting comes directly from the OGC's office upon any FTCA settlement.It is mandatory.

The OGC is sending my FOIA to the Bath VA and to the Syracuse VA to have them answer it-

I told the FOIA lawyer at the OGC how ludicrous this is, as of course-as these VAMCS sure didnt report the doctors-it is the responsibility of the OGC to do that.

They still employ some of them.The doctors are still unaware that they were found negligent by the VA in 1997 and continued to practice on vets with no disciplinary action taken.

Still this will give me more documentation to have -and hopefully-the H VAC look into this-

the VA doesnt know how many vets commit suicide, they deliberately have suggested not to diagnose vets properly (the Perez email), and it appears they can malpractice on or kill as many vets they want and get away with it, without documenting the reasons they pay FTCA settlements for.This means these doctors can never be accessed on the state HHS data banks in similiar cases as well it means they go on scot free- as negligent doctors- treating veterans.

I dont think I am the only case this happened to-

A GAO report found they were behind in their malpractice reporting requirements- what the GAO never looked at,however, is a comparison with the amount of settlement money (VA pays out millions of course ) and whether these amounts matched up to what the NPDB received which the NPDB then charged to individual doctors named by the OGC as negligent.

One more case of SHHHH!

This is an absurd way of passing the buck-on a FOIA the VA cannot answer.I was assured by the OGC in 1997 that my husband didnt die in vain and these quacks would be called to task for what they did.

The OGC lied.

[carlie]

Berta,

You are so right that the doc's and the Tort claims that win are not

being properly reported by VA to the NPDB.

I have done lots of research and paid my hard cold cash in an effort

to find out if VA had reported dr Farid Karam.

Now his license shows no disciplinary actions just that his license is

null and void. BUT THE DEFINITION OF NULL AND VOID CAN JUST

MEAN THE doc DID'NT RENEW THE LICENSE.

I truly felt, after my more than five year battle to get this doc out of

the VA Health Care System, his actions should be made public knowledge.

Thanks for adding the NY URL to my other post titled Fl doc's credentials.

Perhaps this topic will become a forum of its own one day.

jmho,

carlie

Edited July 2, 2008 by carlie (see edit history)

[Berta]

Carlie- I am hoping this topic will generate a House Committee on Veterans Affairs hearing.

I just did some snooping -

VACO 's Dr. Kussman-of all people- has had some input into the reporting procedures.

He will be getting a letter from me.

[AF1982]

Dear Hadit; I have just received a severing decision to my sc knee. The decision argues within itself...; it acknowledges my dislocated patella in the service and that a later automobile accident doctor verified it was an old injury, reaggravated by the accident.

Due to the area of AF service I was in, after I received my honorable discharge in 82 I just wanted to forget the military existed and wanted to try to move on with life. I was never one to run to doctors with my discomforts, as those who know me attest.

My knee was always a problem after the service injury; I just dealt with it, using my sleeve-brace and avoiding certain physical things when the knee would flare up.

7 years after my service I was in a work-related auto wreck and reaggravated my knee. The work-comp doctor documented it was an old injury reaggravated.

In 2002 my knee was at the point where it was dangerous to me. I'd already had one fall and the constant locking and swelling was driving my wife up the wall. So, I sought VA Voc Rehab and was told I also qualified for SC benefits. My disability was evaluated and recognized at 20% at that time. I wasn't seeking SC benefits, only Voc Rehab, but VA said I qualified for both. I told them about the 1989 auto wreck, as I had no intention to lie to them and they asked for my history. I was approved for Voc Rehab and SC disability at 20% in 2002.

In 2005 my rating went to 30%. 2006 and 2007 I had (2) knee replacements (of my problem knee). The 2nd was due to the first messed up by the VA doctor. My rating went to 60% and my back, neck and hips (and good knee) have been affected by my shifted body-weight being carried.

Following adismissed med-mal suit against the VA surgeon of the 2006 knee replacement, the VA (U.S. District) attorney emailed VA claiming my disability-injury was not service-connected. This claim was NEVER MADE or even INFERRED, during the lawsuit. This attorney is NO LONGER a U.S. District attorney, as he left that office when I requested a FOIA of his notes and contacts concerning his claim. The FOIA result was that since the Attorney was NO LONGER a U.S. Attorney, the requested information was NO LONGER available to me under FOIA, and if I wanted it, it would cost me $5,000!!!

My Congressman is involved, and has been the ONLY WAY my attorney and I have been able to get VA to respond to our letters and/or his legal requests in the matter. I have requested an electronic copy (email) of the Sever Decision, and when it is received, I would greatly appreciate your input.

Thank you - I look forward to hearing back.

[Berta]

You will need to request a hearing ASAP and I am sure you might need an Independent medical opinion to properly overcome the severance.

But then again,it would help more if you can cover the personal stuff and scan and attach their Reasons and Bases for the proposed severance, to really be able to see what the VA did here.

[Berta]

I replied in more deal to your other post today but forget where that post was.