1151 Claim

[john999]

I wonder if I could file a 1151 claim for the awful care I have gotten at the pain clinic?

[carlie]

John,

If you can prove mal-practice and have been left with additional residual disability

then - Yes - that is if you want the stress of more VA fighting.

Have you heard anything on your CUE yet ?

[*Bergie*]

I wonder if I could file a 1151 claim for the awful care I have gotten at the pain clinic?

John,

I think you should get a copy of ALL your medical files. The only thing I can think is that the doctors are not correctly documenting your pain. This is what we need to find out.

Keep me posted,

Bergie

[Cruinthe]

http://www.veteranstoday.com/2010/06/23/veteran-awarded-600000-for-va’s-failure-to-refer-him-for-medical-treatment/

[GuaymasJim]

Cruinthe--This was Deasy's SECOND winning FTCA suit against the VA in 3/4 years! The first time around he won about $300k. As the article says, the VA appealed the $600k judgment and lost.

John999--Carlie raises a very relevant point about "the stress of VA fighting," please note that the trial court determined and the appeals court affirmed that the VA malpractice CAUSED PTSD!

Interesting case with potential to help those who are mistreated by VA medical providers.

Another approach would be to complain to the Joint Commission. They have very strict standards for treating pain. They enforce those standards. The VA listens when the Joint Commission speaks!

With either FTCA or 1151, you must be able to show identifiable damages/disability caused by VA treatment or lack of treatment.

[john999]

I got the stronger dose of fentanyl and my back still is hurting. I don't really know what is wrong with me, but the stress of dealing with these cheap, lying bastards at the VA is making my pain worse and is causing me to be depressed and paranoid. I really have to get away from VA people and their abuse. I can't sleep at night because I am so angry. I feel like a doormat or the world's toilet paper.