Medical Appointment = Disturbing Experience

[Pete53]

tk3000:

Instead of looking for a court remedy I think you should ask or even demand another Doc. Its obvious from reading your post that you hate the scumbag who examined you.

You are part of the treatment team and you have a right to ask for someone that is not abusive.

Good Luck

[SLEDGE]

Actually, you should consider yourself fortunate in that you found out immediately what kind of AH the examiner is.

Now you have the advance opportunity to disqualify his examination before you wait years for the Regional Office decision.

Send the AH a thank-you letter expressing your complete satisfaction with his examination.

Then, without telling the AH, point out to the Regional Office where he made mistakes using the other doctor's examination notes before the Regional Office decision takes place.

You are way ahead of most other vets with regard to really knowing what an examiner has noted in your C-File.

You can use the other, more correct exams to ask for another C&P exam due to the disparities from one doctor to another.

Good Luck,

sledge

[carlie]

You can use the other, more correct exams to ask for another C&P exam due to the disparities from one doctor to another.

Good Luck,

sledge

Sledge,

The OP did not say it was a C&P examination.

carlie

[SLEDGE]

Carlie, you are correct.

But the examiner is still a jerk who should be reported, at the least, to the patient rep.

Based upon his attitude, is this guy really a doctor?

sledge

[Bill (USAF Retired)]

[snipped]

I believe that there are provisions within the Federal Tort Claims Act (FTCA) that would allow me to file lawsuit against the VA in such circumstances (internal administrative actions within the VA seem to be mostly inept)...

[snipped]

I used to investigate and process FTCA claims for the Air Force and Army. That said, this is not legal advice.

The FTCA gives federal district courts exclusive jurisdiction over claims for money damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred."

The key phrase: "the law of the place where the act or omission occurred."

Would a private person in that place, committing the same act or omission as that physician, be liable to the claimant for a tort?

I'm not going to check the statutes or case law, because the answer is obvious.

Bill

[tk3000]

Hello Hawkfire,

Thanks for your thourough response with the links (quite some reading; I am still reading them)!

I sent a message as a complain directed to the Ann Arbor VA, the content of the message is very similar to my initial post in this thread (some editing/adaptation). Also in the very same day in which I had such obinoxious meeting/appointment with such physician I went straing from the appointment to the patient advocate office in order to complain, but the patient advocate was of very little help.

The following was their response (via IRISH):

"

Thank you for your inquiry.

We are sorry for what you perceived as bias and lack of respect regarding your condition. We are not able to remove medical documents from your file for the reason's you stated.

If you feel your medical record has incorrect medical information in it, please send a letter to our Privacy Officer requesting the exact information you feel needs to be removed from the record, and why you believe it should be removed.

Please send your letter to: Sandra Kidd (HIMS)

VA Ann Arbor Healthcare System

2215 Fuller Rd.

Ann Arbor, MI 48105

If you need further information regard this matter, please contact Ms. Kidd at 734-845-5314.

"

As far as medical records I looked into the notes that such physician entered and could clearly see some distortion and manipulation; for instance, I don't have a very good feeling of touch on the upper part of my foot which would then indicate some nervous damage, and she actually stated that there were no nervous damage and it fully sensitive and responsive to the touch; but I do not understand all the acronyms that they use. Such physician made irony of my pain and condition laughing and insinuating that the pain medicine I am taking were maybe for my stomach (I had an appointment for my stomach in the very same day). Statiscally it very common for people who had the injuiry, surgeries, and implants (hardware) that I had to be plagued with chronic and pain and difficulties of mobility. I have plenty of medical documentation, evidence, and information that attest and demonstrate such fact. Moreoever everything that the aforementioned physician stated was in discrepancy, disagreement, and discordancy with everything that all the other phsyicians that I have ever met (Army physicians, other VA physicians, private physicians) stated, comment and informed me. It was by all means an abhorrent and obinoxious situation.

"You know you can visit the customer service section in the patient advocates office and get a new ortho doc right????" Yes, I can. As a matter of fact whenever I have an appointment there ( maybe once every 8 months) I see a complete different physician (sometimes they have different oppinious and approach for my issues, but mostly they are respectfull, decent, and polite)

I will also file a complain with VAMC's directors office. But I believe that in order to have the entries that such physician made into my medical records I will need to have a court order (it is seems that according to VA own regulation it is not allowed).

It really is a matter of principles, such individiaul who attacked me in such a detrimental and degrading way should never have any business in my medical records.

Thanks!

tk

Hi TK

I am providing a link to a topic I brought up a few weeks back.

My husband had a similar situation with a C&P doctor. Who basic lied or "omitted" and added incorrect information into his medical record.

http://www.hadit.com/forums/index.php?show...&pid=192594

In this tread I stated I didn't understand why we had to apply for an amendment instead of getting a new C&P, well I was later informed by the Privacy officer at the VAMC that once notes are entered into the VA medical record they are part of the veteran permanent record and can not be removed. The amendment is then attached to this record to correct it for anyone viewing the incorrect record. IN this way it is officially overturned. BUT it is still in the record.

You know you can visit the customer service section in the patient advocates office and get a new ortho doc right???? I strongly suggest you do this and also contact the privacy officer at your VAMC to apply for an amendment to your medical record. You may need a doc outside of VA to review the ortho docs notes and write an IMO consistent with what you know to be correct.

Good luck!

p.s. In regards to the ortho doc and any claims you may have against him, I think it would be best to file a complaint with the VAMC's directors office. They will do there own investigation,and keep on them about it and the results of that investigation. If they do not resolve this matter satifactorily, you can then report them to the IGO (Inspector Generals office) and file a tort claim using the complaint and following investigation information (or lack thereof) as evidence in your tort. You have 1 year from the date of the incident to file a tort claim.

Check out the following information: (Its quite a read)

http://www.finchmccranie.com/refresher.htm

http://www.paire.org/hr/documents/Torte-Claim-Letter.pdf