Vamc Ankle Injury Non/sc, Later Had To Have Fusion

[dtclou]

Another question.....

My husband was in constuction & had a very bad fall off a 22' high, icy roof. He went to the VAMC emergency room & several follow ups for 5 months. (didn't have health insurance to go elsewhere) They kept saying it would heal. After 2 months they said use it as much as he could . 3 months, told him again it should be heal by now, use it & it'll be fine.

After being unable to work he ended up qualifing for Medicaid & went to a civilian Dr. He ended up having to have a fusion (3 screw put in to lock his ankle in place permanetly to help with pain)

The civilian Dr. stated he would have healed up if he had stayed off it, he told him he just did what the VA Dr told him to - used it as much as he could even thought it was excruciatingly painful.

He now has a permanet ankle fusion. Is there a claim here? It didn't happen in service, but did result in a fusion from bad advise from VA Dr......

Edited February 9, 2006 by dtclou

[Scottyp65]

I have no idea about what type of claim you can pursue, but I am going to like reading the posts:)

[john999]

I think you can file a Section 1151 claim where you maintain that treatment or lack of treatment by the VA made your condition worse. You might just get a lawyer and sue for medical malpractice. There are lawyers who practice against the VA.

Berta is the expert on this subject.

[dtclou]

How do you file a section 1151 claim?

I have his VAMC & numerous times it is documented they kept telling him to "use it as much as you can" "walk on it" .

His civilian Dr told him that due to continuously "re-breaking it" every morning by trying to use it - he did too much damage. large deposits had formed & a fusion was now the only option for helping aleviate some of the pain.