Question About 1151 Neglegence Claim

[Rockhound]

I am wondering if I would have a neglegence claim against the VA Hospial for keeping me on Naproxen to long. One of the known bad side effects of long term use of this medication is ulcers and if not caught in time could cause death due to ruptured ulcers of the stomach or intestines.

After having been admitted twice for gastrointestinal problems, they finally found out I had ulcers and only then did they take me off the Naproxen.

On Monday next, if I can manage to wait that long, I will be going in for the third time for these ulcers, I am once again having gastrointestinal problems. although I am managing to keep food down, I have had near continues diarrhia for a few days. To get into the hospital I must arrange transportation three days in advance, so unless I get any worse I will for go calling an ambulance, which is way to costly.

Even though they finally took me off the Naproxen, they should have known, that I should not have been on this medication for so long, do I have any recourse.

Rockhound Rider :D

[rdnkjeeper]

I am very interested in this too, I have been on Naproxen for years. Now you have me worried.....

[Berta]

This is one of many claims under 1151 for VA prescribing of NSAIDS that caused additional disability.

the condition and they cause a vet additional disability due to medical error-the condition-actually- that part of the disability that they caused by medical error- will be rated under Section 1151 according to the Schedule of Ratings.

http://www.va.gov/vetapp08/files1/0807240.txt

It doesnt matter whether a condition is SC or NSC- as long as VA is treating and prescribing for the disability that caused the prescription of NSAIDS.

All of the 1151 disabilities my husband had were NSC and awarded as Section 1151 disabilities.

My present claim proves that they were also directly due to his AO exposure.

For a SC vet- they can file for both secondary and 1151 in cases that involved prescriptions for SC condition that caused additional disability.

The above decision (the veteran had two separate issues)in part reads:

"The Board will initially address entitlement to compensation

under 38 U.S.C. § 1151 for a gastrointestinal disability. As

stated above, a valid claim under 38 U.S.C.A. § 1151 must

establish the presence of an additional disability, which is

determined by the veteran's physical condition immediately

prior to the injury, or in this case, a procedure, versus the

subsequent physical condition. 38 C.F.R. § 3.361(:D. The

Board notes that the veteran has a history of treatment for

chronic venous insufficiency with diagnosis of record of deep

vein thrombosis (DVT). Prior to admission to the VAMC

Chillicothe on June 17, 2000, a July 1998 VA discharge

summary indicates that the veteran was admitted for chronic

venous insufficiency and discharged with medication

consisting of Coumadin and ibuprofen, as needed for pain.

The Board notes that ibuprofen is a non-steroidal anti-

inflammatory drug (NSAID). See DORLAND'S ILLUSTRATED MEDICAL

DICTIONARY 903 (30th ed. 2003). A History and Physical

record, dated in February 2000, indicates that upon

gastrointestinal (GI) examination the veteran did not have

peptic ulcer disease or gastroesophageal reflux disease. A

VA Discharge Summary, for the period from June" etc

"ORDER

Entitlement to compensation under 38 U.S.C.A. § 1151 for

antral gastritis and erosive duodenitis, as if a service-

connected disability, is granted.

Entitlement to compensation under 38 U.S.C.A. § 1151 for a

peripheral vascular disability manifested by skin ulcers is

denied. "

[purple]

I would think this would be a hard 1151 claim to prove since the ulcer condition is a clear side effect of this med.

kdnkjeeper-I would say if you are worried about this...stop taking this med and consult with your PCP about an alternative, safer medication.

Folks...this is where we have to be our own advocates and read those side effect sheets that are included with all meds that we receive from the VA, research your meds on the internet, learn the possible side effects, learn the interactions and if anything bothers you, consult your doc and find an alternative. You can say "no" when it comes to taking meds.

[rdnkjeeper]

Yeah....MY PCP has me on that, he said it is the same as aleve....and your right I never really looked into it. Going to have to now. Time to start taking more of my care into my own hands!

[Rockhound]

I understand the importants of being our own safety advocates, but I am just now becoming aware of my limitations in this regard. I have demonstrated severe executive cognitive dysfunction that impairs my memory abilities, in such a way that I am forgetful of things or more to the point find myself procrastinating a lot in my daily life.

This impairment makes it difficult for me to see that things needing to be done are, even when I have written myself reminders to do these things. Unless something in conversation, from everyday life, or even as an after thought, I find myself even forgetting that I have written it down or that I am able to follow through at times.

I stopped driving because of my medications, for fear of forgetting to check the oil and water and even for gas, even though my gas gage works. I was even having a difficult time remembering to pay my insurance every six months and only until I got the late notices, was I able to find myself paying the bill.

These are but a few problems in my everyday experience and I am considering a fiduciary to handle my bills at least.

I wrongfully depended on my VA Dr's as I would a civilian Dr, who had to consider malpractive if he did not consider the type of medication he was giving his patient and for how long it would normally be considered relatively safe to be taken. Since my VA Dr's, not one of them seemed concerned for the length of time I was on this medication, I wasn't either and now I am having to deal with ulcers that I had never had to be concerned with before.

Each time I went in for a routine follow up exam every three to six months, the Dr, my PCP should have noted the length of time I had been on this medication, further knowing the longer I was on it, the likelyhood of any one of the bad side effects was a cirtanty. Being bounced from one PCP Dr to another, you would think they would review my medication and seeing that I had been on this medication for so long, something else should have been considered so I wouldn't have the problem I have now.

Sorry for the rant, I'm just mad and out of sorts because I spend nearly as much time in the bathroom this past week, as I do awake. I'm beginning to feel better, but that's only because I'm back to liquid bland food and my intestines have nothing else in them. Tomorow I go in to report my condition to my Dr and get checked up to make sure I am OK and get my stomach meds renewed.

I guess I am only trying to say is, that not all of us are capable of being our own advocates in these matters, the VA Dr's knowing my medical, psychological and cognitive problems, should pay more attention to my medications and their effects, but I guess that may be to much to ask of them.

Rockhound Rider :D

[Rockhound]

I would think this would be a hard 1151 claim to prove since the ulcer condition is a clear side effect of this med.

It is not a clear side effect, it is an adverse result of being on the medication to long. This type of medication should never have been perscribed for long term treatment, as it had been done in my case.

Rockhoound Rider :D