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Va Malpractice

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Vync

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  • Content Curator/HadIt.com Elder

Hey everyone,

I have a question regarding possible malpractice with respect to the VA. I had two incidents occur and am curious if I have any recourse.

1. About 10 years ago, before I was SC, I was being treated at the VA hospital and the young resident doc thought I had some heart ailment called ACS. They hooked me up to a boatload of equipment, did a bunch of bloodwork, including blood gas analysis, and brought in a cardiologist. It turned out to be a false alarm. They said "sorry, we thought you might have had something really awful" and then let me go home. Not knowing anything about how the VA system worked, I just went on about my business. I frequently have nightmares about the VA doctors scaring the crap out of me like this and then telling me to go home. Now, I am being treated by civilian physicians for atrial afibrulation (erratic heartbeat), hypertension, and inability to sleep (have to take ambien), including being hospitalized once. This all really started to surface around 2005/2006. I am not SC for this.

2. I have been on allergy treatments for quite a few years. One year ago, I received an incorrect dosage of an allergen injection. I could never progress to my maintenance (the last) vial because my body just couldn't take it. The nurse actually gave me the maximum dose from the maximum vial. I noticed that the injection burned like fire and did not subside. I didn't realize what happened until I complained a lot. They realized and then I was treated with epi and steroids. The doc was very apologetic, but the mistake was actually made by the nurse because she was careless. I visited the patient representative, but the guy really didn't seem interested and only asked what I wanted done. I let him know I never wanted this to happen to me or anyone again. New policies were put in place, but I don't always see them being followed. I really like the doc because he is the one person in the last 15 years who actually has actually made a difference in making this problem relatively bearable. The nurse who made the mistake is gone and I continue to go in monthly for my treatments. I am SC for this.

With respect to these two incidents, what do you guys recommend?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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If VA docs make errors and then correct them, they have not committed malpractice at all.

Negligence and malpractice has to have a cause-affect relationship-

if there was proven negligence -what did it cause as additional disability for the vet?

The additional disability has to have a ratable level to be compensated.

I don't see any basis here for any Sec 1151 claim at all.Maybe others will disagree.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder
If VA docs make errors and then correct them, they have not committed malpractice at all.

Negligence and malpractice has to have a cause-affect relationship-

if there was proven negligence -what did it cause as additional disability for the vet?

The additional disability has to have a ratable level to be compensated.

I don't see any basis here for any Sec 1151 claim at all.Maybe others will disagree.

I have to agree with you on this as I don't see an actual basis for a malpractice claim here. It would be different if they said you were fine and you actually had a heart problem, and they covered up the fact that they knew this.

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  • Content Curator/HadIt.com Elder

Berta and MikeR,

Thank you for the feedback. I was more or less curious about it.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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