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Reasonable Risk ?

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brewers_2150

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I had a bad toe pain, VA Podiatrist tried a couple of non surgical steps, then we went with surgery.

After surgery the toe would not bend. I went back for Physical Theropy and 2 months later it still does not bend. I filled a claim for 1151. They turned it down, stating I did not show where the Dr. was careless, neglectfull, lacked proper skill, or that it was not reasonably forseen.

The Dr. talked about risks with the surgery such as, infection, reaction to anastesia, scar tisue, and loss of sensitivity due to cut nerves. I related to the last two items due to previous surgeries and agreed to go forward with the surgery. In my mind, the loss of use of this toe was not reasonably forseen.

Where can I find what risks are considered "Reasonable"?

I don't think that loss of use due to Hammertoe surgery was reasonably forseen. I searched high and low, but can not find where ANY risks are detailed as resonably forseen.

Anybody able to help?

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I had a bad toe pain, VA Podiatrist tried a couple of non surgical steps, then we went with surgery.

After surgery the toe would not bend. I went back for Physical Theropy and 2 months later it still does not bend. I filled a claim for 1151. They turned it down, stating I did not show where the Dr. was careless, neglectfull, lacked proper skill, or that it was not reasonably forseen.

The Dr. talked about risks with the surgery such as, infection, reaction to anastesia, scar tisue, and loss of sensitivity due to cut nerves. I related to the last two items due to previous surgeries and agreed to go forward with the surgery. In my mind, the loss of use of this toe was not reasonably forseen.

Where can I find what risks are considered "Reasonable"?

I don't think that loss of use due to Hammertoe surgery was reasonably forseen. I searched high and low, but can not find where ANY risks are detailed as resonably forseen.

Anybody able to help?

Brewers,

You might find help by searching at www.googlescholar.com which often takes you to a paid subscription site for the full article, but sometimes the summary gives a good bit of info. Fair warning...this is a medical scholar search engine and is almost like reading a foreign language sometimes. ;) I've found it very helpful for complicated cases. Sec. 1151 qualifies.

Carrie

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This might help too- from Wikipedia-

A VA Doctor stated my husband was a certain "risk" for diabetes based on a few med recs-

my claim is based on DMII never diagnosed and treated-and supported by 2 IMOs.

I recently argued each point of the VA doc's opinion but pounced on this statement with this definition:

"Risk is the potential harm that may arise from some present process or from some future event. In everyday usage, "risk" is often used synonymously with "probability", but in professional risk assessments, risk combines the probability of a negative event occurring with how harmful that event would be."

Wikipedia

I highlighted the probability factor and that the negative event was Rod's untimely death-

This might not help you but I have seen claims where the VA doc opined about 'risk' yet the veteran might not have gotten proper follow up of the risk factor-

like when they say the veteran has a 'pre-diabetic' condition-this is just parsing words-

in essense this vet would be at a risk for developing diabetes-

I have done extensive reading of Diabetologica and other Endocrinology texts and studies-

none of them use "pre-diabetic " condition-

I think the VA uses that phrase so they can justify a lack of proper diagnosis and treatment of diabetes.

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usually when you have surgery the doctor sets you down and explains the "risks" he then has you sign a paper which has the risks written on it and states that the risks have been explained to you and that you understood the risks. That paper should be in your file somewhere. when you find it look to see if what happened to you is listed .That paper should also state whether or not the risk was high or low risk for something to happen. If your toe problem is not listed or is listed as low risk then it is not reasonably foreseen for it to happen and should then be considered for a 1151 .Have you found any cases that have been granted for your condition ?

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