Injury Due To Hospital Treatment

[kluender]

Can a claim be filed for an injury due to hospital treatment if the hospital isn't a VA hospital, but is a military hospital (Fort Jackson, Moncrief)? Also, the statute of limitations has passed which prevents the person from filing a Federal Tort Claim.

Thanks

[purple]

Sorry that this happened to you.......

I have a question though...did the VAMC send you to this military hosp on a referral? If so, then could the VAMC be held responsible in a roundabout way?????

[kluender]

Purple, the operation was for my husband who is also a retired veteran. He wasn't referred by VAMC. As I said below, the statute of limitations is over for him. He had an operation to remove a cataract from his right eye 4 years ago. Now, he can't open his eye completely because of muscle damage and he has almost constant iritis inflamation. Also, he can't see clearly. He has no peripheral vision in his eye. It appears that this condition will exist the rest of his life. Fort Jackson has prescribed eye drops that he uses twice a day since the operation, but this doesn't help much at all. The operation was performed at Fort Jackson by an Army Major.

Thanks for your concern.

Sorry that this happened to you.......

I have a question though...did the VAMC send you to this military hosp on a referral? If so, then could the VAMC be held responsible in a roundabout way?????

[Berta]

Jim- you are right- I have not found anything to show a 1151 could be filed-unless somehow a VAMC continued with improper care or meds after an Army hosp discharge-

[kluender]

He wasn't in the military when the operation was performed. He was a military retiree who received medical care at Fort Jackson.

I must be missing something because I don't see a connection to the VA. I don't know what "retired veteran" means. If there is no connection to the VA, how would 1151 be relevant?

Why was your husband receiving medical care at a military hospital? If he was in the military at the time of the surgery, he cannot sue because of the Feres doctrine.

What am I missing here?

[purple]

Then the VA wasn't involved at all...so I would believe that no claim could be filed with the VA.

Someone correct me if I'm wrong here?

[carlie]

kluender,

Are you saying VA referred and/or footed the bill for the surgery ?

Do you have any Medical Evidence from other doctors or surgeons that state

in their opinion the additional disabilities are directly related to the prior

surgery or improper care?

carlie