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Help I'm Confused.


hawkfire27

Question

I have been getting conflicting information about FTCA claims, in one it states the SOL is two years, and then there is another SOL of 6 months from the incident. I don't understand how this works.

We are thinking about filing an FTCA claims because of a C&P doctor that lied on the c&p my husband got in Jasnuary 2010. We then applied for an amendment to the c&p which we just got back, and for a second time the doctor has stated that my husband has no heart disease and is taking no heart medication. My husband is currently 100% sc'ed with PTSD.

When he found out the doctor had not completed the c&p correctly he flipped out, after he calmed down several days later we went to the VAMC and sought advice on getting this corrected. We called his VA psych who is also the chief of staff at the VAMC about this situation because I thought it would be a good idea. After leaving several message we got in the car and drove down there. In the director suite asking for the psych doc/COS we were directed to speak with her aid after the receptionist claimed she wasn't available, the aid agreed that the doctors findings were a little off, and rang around to find who could help us. (important to note that the person we were trying to see was in the hallway as we were leaving, took one look at me (his wife) and hightailed it to their office).We were then directed to the privacy officer, who acted as though we were just a nuisance. She gave us a form to fill out (which we returned with the requested amendments, 5 pages of requested amendments were sent back to her). We requested to get information about the doctors licensing so we could file about the fact she finds it difficult to diagnose heart conditions and wanted to lay a complaint. The privacy officer directed us to the patient advocates office, who said they couldn't help us. By now my husbands PTSD was in full swing and he was struggling to maintain his coll (i think the did really well considering). The patient advocate called security and the MP's . And they followed us from the premises, as my husband left the building voluntarily.

Now we have the amended c&p and they state :'after a through review of the veterans medical record we find the original C&P information to be correct" So now she has lied twice because my husband has over 700 pages of VA medical records to the contrary. My husband is still going to the VAMC for medical care, but under extreme agitation and because I make him go because if his severe PTSD and heart condition.

What I need to know is if anyone here (BERTA, Carlie, John999 etc) thinks we have a tort claim and if so how do we file it. Another interesting thing to note is after this situation my husbands VA doc of 12 years has been resigned and after being assured she would still be his doctor she is no longer his doctor.

Any help would be great! Thanks! :angry::huh::angry: B)

Edited by hawkfire27
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I see no basis here for FTCA claim. I do see a basis for reporting this doctor to the Chief Medical Director at this VA.

I think this should be done by asking for a meeting with him/her- and then making sure the director documents in the c file what transpires at this meeting.Been there on similiar issue- I got what I wanted (although the VA cops were called too by his Secretary when I got there because I guess they thought I was dangerous.)

This isnt a situation of malpractice but a major situation of incompetence,and if we could file FTCA incompetence claims against VA employees, the VA would be bankrupt by week's end.

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Thanks Berta,

I tried meeting with the Chief of Staff and the VA Director but they wouldn't see me unless I went through the patient advocates office, who called security on us and wouldn't take the complaint.

Should I report this to the OIG? Is thisa something they would deal with?

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I think- since the medical evidence you have does overcome the C & P examiner's statements, that should be enough to resolve the claim.

Maybe the director could handle a complaint by mail.

IG- last month I got an email from the Inspector General's Office stating they did not have jurisdction of the subject matter of my complaint dated many months ago and they gave a date from last year when I filed it.

I filed this complaint so long ago that I forgot what it was about-and for some reason I didn't care enough to find the actual complaint.

The IG has a specific jurisdiction (available at their web site) that they have to consider when they get complaints.I dont blame them for being selective. Their web site shows the stuff they deal with.

I know how angry this stuff can make us-but as long as you have the evidence to show the C & P doctor lied or was simply highly incompetent then the evidence you have would out weigh the VA doc's statements.

Make sure the VA has every private medical record available too -maybe the private records are not in the C file?

This is why it is good to get a vet rep who has an office in or near a VARO because sometimes they will go into the VARO themselves to check what VA has.

I received C & P exam reports years ago that were disturbing and disgusting.

VA was looking for any reason they could possibly find to say why my husband was dead.I was pretty vocal with one C & P doctor- until I found out the RO had withheld the most important evidence from him.

I was able to contact him by phone then and again years later when -this time- he totally agreed with my claim.

For the C & P doc to state your husband does NOT have a disabilty that his records show he has is very odd.

All I can think is that the doctor did not have all of the medical evidence-

In my situation (after a big argument) with the director of our local VAMC - he looked over some of my evidence and was the first VA doctor who agreed with my malpractice claim (against HIS VAMC)

but when he made a full medical report on the malpractice-shortly before he retired-the VA said there was no report ever done at all.Even some big deal who ran the VISN said no report like that had ever existed.

I found it years later when I requested my C file.Right at the bottom of the file.

The Attorney from the VACO who had the report faxed to him and gave it to the VARO in person retired too. He was ready to settle my FTCA case 5 months after he got my SF 95 -but with the missing report and other evidence withheld from the C & P doc-that claim took over 3 years.

The important thing here is EVIDENCE.At some point VA must acknowledge it!

A letter to the director that explains what happened -with the evidence that shows the doctor was wrong might resolve this.

I suggest you use a different approach with the director-maybe by mail- to get this resolved.

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