Ftca Orthopedic Knee Replacement

[Mcafee]

Hello All Hope All Is Well.

I went for an orthopedic exam not at the VAMC but a very well known physician in this field.

Upon this exam he was very critical as to where pain existed ansd also took X-Rays we reviewed them and he gave his input as to partial replacement or total replacement ,however as he stated your a very young canadate for such at 50 years old reasoning rejection or failed recovery.there are no guarantees when it comes to surgery or replacement.

The discomfort or pain is a result of bow legging,the joint is no longer in alignment.thus creating new issues such as ankle and hip and lower back issues.

I have to make a decision as to surgery or live with it I am already housebound or very limited ambulation and yet the VAMC has not coloborated or concurred any of this is a matter of fact I have not seen an orthopedist in over three years due to this enviorment that has been created of confrontational and adversarial physician to include the Chief of orthopedic whom made the statement of ( quote WE SHALL NOT REVIEW ANY PAST MEDICAL HISTORY UNQUOTE ).

Need less to say this has affected my care or treatment at this facility.to which i have no choice but to proceed with FTCA.

YOUR THOUGHTS? AND THANK YOU

[john999]

Get a second opinion outside the VA. I would not let the VA do a total knee replacement on me. If you want to really suffer just let the VA replace your knee. A orthopedic resisdent will do your surgery. He/she will practice on you. Do you want that?

[Berta]

You would need an IMO (this doctor seems very qualified to prepare that)

that states with medical rationale that

1. the VA did not take proper steps that the standard medical community would have taken regarding any treatment or surgery etc for this disability.

2,and Due to their lack of diligence in taken proper steps in treatment, surgery etc, they caused you to have an additional documented disability.

I have a VA peer Review report done when I filed FTCA.

The OGC asked this doctor specific questions as to whether other practitioners would have done things differently regarding my husband's care.

And he had to give full medical rationale when he answered Yes.

There is a lot to a FTCA Peer Review.

The final questions were regarding his death (it would regard any additional disability in a case like yours.)

The doctor stated with a full medical rationale that the steps VA took and did not take that caused my husband's death.

In most FTCA cases it would not involve death (I hope)but how the medical errors caused the secondary and/0r additional disability.

The statute of Limits is 2 years from date the veteran or survivor is aware of the negligence.

The OGC is firm on that SOL and will try to fight over it if they can.

Everything one needs to know about FTCA is in our FTCA forum and Tbird recently added additional info as to FTCA regs.

I dont see the FTCA basis here and the SOL might have passed by already.

But a good malpractice lawyer could determine those things.

There are malpractice lawyers on the net who will assess malpractice claims potentials by email.

Edited August 26, 2010 by Berta

[retiredat44]

I know a person who has had 2 knee replacements by the VA and they have always been happy..

it is probably depending on the person and reason.. but again they are active and happy, in fact they are a DAV van driver..

[Mcafee]

Thank You for your replys.

Berta question peer review done by VAMC?

As for the VAMC they have changed POC many times and have not addressed these concerns my last POC just retired and did not even let me know until a week before.

I believe this to be a delay tactict for this very reason so if a FTCA was filed the time frame has past however that said.If all documentation supports this to date would this clearly show negligence to assist with care and treatment.

Perhaps I should ask the question like this if there is a problem or issue does the MD or Facility have an obligation to resolve said issue?

.

Falsified exams and prescriptions sent from MD never even met.

I believe there is more than enough information in my medical file at this facility to support my FTCA.

[Berta]

"Perhaps I should ask the question like this if there is a problem or issue does the MD or Facility have an obligation to resolve said issue? "

It is impossible to know the answer to that as each situation or problem is always unique.

If the VA is aware of the issue (via a patient advocate or the veteran themselves)they can and often will take steps to correct the error.

Some times they don't. If they did there would not be staggering FTCA payments like this:

"VA Estimates That It Has $528,000,000 in Claims Pending Against It- Paid Out $108,000,000 in 2004 "

That is only a 2004 stat.

The GAO reports are worse than that. The last largest payout I heard from VA was 7 million for one FTCA case about a year ago.

"Berta question peer review done by VAMC?"

Only a SF 95 that falls within a Statue of limits and jurisdiction of the VA will trigger a Peer Review.

The Peer review I mentioned was done with 3-4 months of receipt of my SF 95.

It was so favorable to the issues I raised ( with my proof documented of the malpractice) that the VA wanted to settle with me right away.

I made the point before however that the doctor and VA lawyer retired suddenly-long story there, they told me why but not appropriate to post here) but the Peer Review, they assured me had gone to the General COunsel who would settle the claim.

This critical review however disappeared from the VA records.The VA told me it had never existed.

Two more Peer reviews were done- one so bad I called the doctors in VACO myself only to find that the most important evidence I had was missing now from the clinical records. I raised Hell.Then they did the third Review.

After I faxed the missing records to them.Of course the original review was a figment of my imagination per the VA.

About a week later General Counsel called me up and said he needed to begin negotiations on the settlement.I had proven the VA caused my husband's death.

After I re opened my claim in 2003 (for Direct DIC and not 1151 DIC)I requested a copy of my C file.The critical Peer Review they said never existed (I even called the VA lawyer at his home after he retired and he assured me he had hand delivered it to the VARO person who had my 1151 claim)

was in fact right at the bottom of my C file. I had a fit but calmed down and have used this as evidence for my new claim.

My point is the VA fights FTCA claims tooth and nail.

I wish I had a lawyer and IMO doc then as it would have saved me a lot of time and frustration.

A lawyer could have subpeonaed the missing Peer Review.

We have subpeona rights in 38 USC as claimants but the VA ignored my subpeona request.

I post these long renditions that many are probably tired of reading but the point is I know how low the VA will go on FTCA matters.The lowest thing they did to I cannot even talk about -it is so upsetting (and had no basis)

Unless a vet or widow is one tough determined SOB like me with FULL knowledge of FTCA regs and an intricate medical knowledge of the medical conditions their FTCA is based on-and has definite proof of malpractice within the veteran's medical records, they will get no where under FTCA with the VA.

http://www.vamalpractice.info/ (source for the stat above)

There are malpractice lawyers and doctors on the net.

Edited August 27, 2010 by Berta

[Mcafee]

Berta Thank You so much for your input. I think I have a very strong claim.

I can only move forward from this point no more backwards and waiting on the VAMC.

One thing I failed to mention is after 30 years of care and treatment VARO has now given service connection for right knee. without rating or EED this is part of CUE REMAND CAVC.

I will attach along with sf95 all current necessary documentation to include current orthopedic exam and recommedations of knee replacement.or replacements right knee is not far behind.

and thank you again you have been most helpful will read more on this topic.