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Ftca


Tayo

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Ms. Berta or administrators,

I tried emailing you Ms. Berta but I couldn't. New things have come about concerning my case and Ms. Berta,,, I see you have a lot of experience. Is there anyway I can email you?

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Yes- I will look for your post here and try to find your last posts.

Do you have an attorney for the FTCA claim?

Do you have a very strong independent medical opinion to support the FTCA claim?

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Yes,,, extremely strong IMO,,, multiple. Attorney's,,, do I ever.

Basically, for the past five years,,, the VA 1) requested test to be ordered and never ordered them, 2) ordered specific test,,, those test came back abnormal (either HIGH or LOW) and and was reported as normal, 3) neglected to provide and work-up differential diagnosis 5) diagnosed incorrectly without standard work-up 6) prescribed medication in which I have documented allergy 7) over-dosed me with HTN medication 8) gave meds counter-indicative to an already diagnosed condition and written note "do not give such and such medication, 9) neglected to diagnose ailment when test and symptoms associated with test proved what it was (4 times): was reported as "...normal," 10) confirmed private hospital diagnosis then retracted said diagnosis and stopped my meds for it 10) gave prescribed meds without a diagnosis... ... URGHHH, need I continue? sad.gif Put it this way,,, the doctors at the last VAMC stated that a blood pressure of 98/56 was HYPERTENSIVE and an ordered test confirmed to have "not happened." Simply,,, everything was messy and it caused me my career as a physician. sad.gif

Now, I have a condition that has stopped me from practicing medicine,,, need help with my ADL's,,, just a lot. All could have been avoided. Stupid, stupid, stupid mistakes. I mean,,, REAL STUPID. So stupid that my current VAMC physicians are angered.

I was taught about malpractice but,,, not like this. My VAMC doctors at my current location tells me to stay strong and is supporting me all the way. They actually wrote the date when I could have found out AND the mistakes made. I mean,,, a lot.

Damages,,, put it this way,,, I am a graduate of medical school,,, who is not expected to fully recover.

So,,, I'm scarred. Scarred of what is going to happen to me. Scarred of what is going to happen to those the doctors that did what they did (of course there is much, much more).

Part of me wants to talk about this and bring attention to it,,, part of me wants to sit and be quite. But what about the other veterans? How are they being treated. Are their labs being misread multiple times for a diagnostic condition? Are they given medication in which they have a documented allergy to or documented statement of "do not give this patient this medication? Are they being work-up appropriately?

I'm sitting here with dementia. Not a progressive type but one that has somewhat reversed and now got me to a new base-line,,, far from where I was. Far from a point where I can practice medicine,,, or even shovel snow. sad.gif I feel as if I am stuck in a body that has a brain that will misfire. I mean,,, I can lift weights but,,, get stuck on what to do with them,,, I can cook a meal but,,, forget the stove is on once the food has been cooked,,, I can bathe but,,, may walk out the shower with soap on my body,,, I can pay bills but may leave my wallet out for the taking or the computer logged in for all to view (thankfully, I have trusting friends),,, I can take my dog to pee, but can't go much further than the back because I forget to look both ways when I am in the street (sad.gif).

I feel like I am a strong man,,, I look strong,,, but,,, my insides have been so messed up do to a preventable cause. URGHHHH. It's a mess. A big mess.

So,,, what happens from here? Say I get the settlement,,, what happens to the other veterans. Am I going to be hushed? What about the other veterans?

I know,,, I am rambling. Just,,, I'm scarred,,, nervous,,, everything. Talking about PTSD,,, funny,,, I have PTSD from the VAMC,,, literally --> I found myself in the hospital 3 times,,, the third,,, I was in CICU at a private hospital. That's when I found out what was wrong <---

Once more,,, I don't know what to do,,, I'm stuck on why's,,, I'm scarred for other veterans,,, EVERYTHING.

Tayo

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And when were you aware of the malpractice?

Did you or your lawyers file the SF 95 in time to get into the Statute of Limits?

Has the VA done a Peer Review yet of your clinical records and charges in the SF 95?

"So,,, I'm scarred. Scarred of what is going to happen to me." The VA will fight you on paper over an FTCA claim but they cannot retaliate against in regarding any future medical care.

"Scarred of what is going to happen to those the doctors that did what they did (of course there is much, much more)."

Piss on them -If you get a settlement they will be reported to the NPDB and it goes against their record.

It wont matter much unless they seek employment outside of the VA.

The VA isnt even reporting all their malpractice doctors.In violation of the NPDB mandate- so probably NOTHING will happen to them.They might move them to a different VAMC however.

You said you have multiple attorneys and a strong IMO.

I wish I had an IMO and a lawyer when I FTCAed them. I won anyhow. Like you, I had a medical background-which I got in 4 months as I studied everything I could to make sure my charges of wrongful death were sound and supported by the VA itself in the clinical records.

The situations you mentioned as to no work ups ,improper meds, lack of tests etc were exactly what I used to win my claim,and the additional disability they caused was my husband's death.

But as Carlie asked -can you be more specific here as to what exact malpractice occurred and what resulting disability they gave you?

Your lawyers should be going over your medical records with a fine tooth comb.That is what they will be paid for from the settlement.

I gave exact medical dates, copies of med recs, with entries etc.starting from an ER misdiagnosis in 1988 up to the date of my husbands death 6 years later.

My husband's FTCA disabilities were found to be improperly treated HBP, numerous TIAs, major CVA, and 6 years of heart disease.

I am sure the VA was frustrated when I re opened my claim for misdiagnosed AO DMII in 2003.

The award now trumps FTCA and all of the above been SCed except for HBP.

I had to take them step by step in each claim, citing the Exhibit to prove each point I made and then adding the Exhibit list as cover page to the exhibits (primarily copies of the medical records that I had highlighted where the malpractice was obvious)

Your lawyers should be doing all that and should have determined by now what additional disability you have incurred due to the VA's negligence.

. "My VAMC doctors at my current location tells me to stay strong and is supporting me all the way. They actually wrote the date when I could have found out AND the mistakes made. I mean,,, a lot."

Was this for a VA OGC ordered Peer Review?

My Peer Review was done 4 months after I filed the SF 95.Regional counsel called me up to settle right away.

Then the VA 'lost' the Peer review.

The RC and the Peer doctor retired.

VA said the Review never happened.I won anyhow.

In 2003 - 8 years later I found the Review in my C file and used it for my present claim.

The VA would have never pulled that crap on me if I had a lawyer.I assure you they will try deceive you in any way they can under FTCA.... if they see the $$$$$ stakes are high.But you have lawyers so they wont try to pull that king of crap with you.

We need more info as Carlie said.

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Ms. Berta and everyone,,, get your napkin out because this is truly sad. I am reading from my notes.

1) Did you or your lawyers file the SF 95 in time to get into the Statute of Limits?

--> Yes, we filed in plenty of time. I found out last September when I was rushed to a private hospital due to a "crisis." My blood pressure was around 50/30,,, blood sugar 35. Orthostatic hypotension, pain in abdomen, acute renal failure, nausea, vomiting, diarrhea, feeling cold all the time. I was placed in the CICU for a week because my blood pressure,,, well, it was difficult to come off of dopamine.

These were the same symptoms I presented with to the VA two times before within 1 1/2 months. Both of those times, I was admitted. Soooo, I was admitted 3 times in 1 1/2 months.

The private hospital diagnosed me. There was absolutely no way I could have found out until Sept. 09. My new VAMC doctors noted that numerous times in my record (they are extremely upset with the prior VAMC).

2) Has the VA done a Peer Review yet of your clinical records and charges in the SF 95.

---> Not sure yet. Or, I haven't been told. I will ask my care-givers.

3) But as Carlie asked -can you be more specific here as to what exact malpractice occurred and what resulting disability they gave you?

---> Sure. Failure to diagnose is the main.

The VAMC did not accurately workup my painful, new onset gynecomastia. They just did a mammogram. No testosterone, LH, FSH. This was the first sign of what was happening. I was simply told it sometimes happens to men. Well,,, I was about 31 at the time.

Next,,, I was complaining of "pin's and needles" shooting down and up my legs, numbness in my hands, weakness in my grip and hands. The VAMC did a scan and said I had platelafemoral (sp).

---There's more---

---> I presented with dypsnea,,, I was diagnosed with asthma. I presented with new onset hypertension,,, they gave me pills and said "Do not give Betablockers due to asthma, allergic to lisinopril.

For the hypertensive work-up,,, the wrote and order for T4/TSH, Homocysteine, Lipoproteine A, Creatinine, Renin, Aldo. TSH, Homocyst, Lipo A, Creatinine, Renin and ALDO was drawn. All came back HIGH except ALDO. TSH came back normal with low bioactivity. Physician stated to get T4 drawn (guess as a self reminder because he did not actually place the order),,, T4 was never drawn. Further,,, my LDL was high. Guess what happened next? I was discharged from the clinic without the T4 AND without the high levels of the other specific test" investigated. I was told,,, "all labs were normal" and those labs were reported in my records." sad.gif

---> I then had complaints of "pins and needles" shooting through my leg,,, leg giving out, numbness and tingling in my hands, tiredness. They sent me to have a scan of my leg and said I had platelofemoral syndrome.

---> I started complaining of depression, forgetfulness, constipation, tiredness, weakness, etc. etc., etc. They said I was stressed do to relationships and medical school. They ordered basic, everyday test. Those test revealed "anemia (keep in mind my high Homocysteine level).

---> Things got worse. They ordered a B12,,, it came back insufficient. B12 (insufficient), Homocysteine (High), HGB (low), RBC (Low), T. Bili (High). Guess what??? You guessed it,,, I was told "all labs 'WNL'" That means,,, "within normal limits." Everyone,,, in actuality,,, my labs along with my systems is diagnostic B12 deficiency. Sadly,,, no treatment was given.

---> That LDL,,, those continuous high levels were diagnostic for hyperlipidemia,,, no treatment or diagnosis.

---> Testosterone,,, finally done. My levels came back inappropriately low. Basically,,, I had the serum testosterone level of a 90 year old man. Ohhh,,, and my LH and FSH... inappropriately low. The kicker,,, my Total Testosterone was "LOW." My symptoms and lab test were diagnostic for Hypogonadotropic hypogonadism. No treatment or diagnosis given.

---> Vitamin D,,, levels were insufficient,,, extremely,,, along with other test and symptoms,,, Vitamin D deficiency was not diagnosed or treated.

Now,,, this is through 2005 - 2009. Keep in mind,,, all labs test throughout my medical records are reported as "normal."

---> 2007, I am diagnosed with Dementia. My work-up only included "screening" work-up. Differentials were not appropriately ruled out and test were inappropriately read. With lab test,,, you MUST put them together to come up with a diagnosis. For instance: YOU CANNOT LOOK AT A B12 AND SEE 295 NORMAL. First,,, that is an insufficient level,,, Second,,, That value along with a high homocysteine, low HGB, Low RBC, High T. Bili,,,, and signs and symptoms associated with Vit. B12,,, you get Vitamin B12 deficiency. So please, everyone,,, check what labs are being reported as normal,,, see where normal is,,, and check what other labs should be associated with that particular lab. (Yes,,, it is a lot and well,,, I do not know what to say. I didn't do it,,, I was diagnosed with dementia. And my care-givers,,, who would expect them to know?)

---> I started getting tired and "crashing" throughout the day. With a diagnosed dementia and no work-up or differential work-up,,, and multiople physicians and specialist saying everything was normal,,, we (as a family) were told to prepare for my "exit."

---> Back to the TSH/T4. Throughout my work-up,,, multiple orders where placed in the Physicians Notes section,,, however,,, the T4 was never actually ordered. Only the TSH which came back,,, inappropriately low. So now,,, I have signs, symptoms and diagnostic labs for hypogonadotropic hypogonadism, Vitamin B12 deficiency, Hyperlipidemia, Vitamin D deficiency,,, all of which is not diagnosed or treated.

--->In 2009,,, my T4 was finally drawn. Everyone,,, my TSH was again,,, inappropriately low,,, My T4 was Low. sad.gif

A month later,,, another TSH, T4 and now a free T4 was drawn. Those results,,, TSH was inappropriately low, T4 low, Free T4 low.

---> Along with signs, symptoms and lab test,,, I should have been treated diagnosed with Central hypothyroidism. However,,, no diagnosis and no treatment. sad.gif

That was February and March of '09. In April of '09,,, It is reported in my records as "all endocrine work-up normal." sad.gif

My care-givers and I were told,,, there is nothing they can do for us and they are unsure what is causing my dementia. wacko.gifsad.gif

---> Come June,,, my blood pressure is now runs about 120-130/80's. I am prescribed and told to take: HCTZ, HCTZ/Lisinopril, HCTZ/Losatran, Losartan. blink.gif

First,,, remember,,, I am allergic to Lisinopril. Second,,, I am now overdosed with hypertensive medications.

---> Come end of July,,, I have nausea, vomiting, diarrhea, abdominal pain, hypotension, orthostatic hypotension, syncope. I am admitted twice by the VAMC. They diagnosed with Acute renal failure due to dehydration. They release me with the same meds,,, test confirming Central hypothyroidism, hypogonadotropic, hypogonadism, Vit. B12 deficiency, Bit D deficiency, Hyperlipidemia,,, URGHHHH,,, and no diagnosis and treatment still for those ailments.

---> A couple weeks later,,, I pass out again,,, same symptoms as before,,, same symptoms from the prior few years. They question,,, they do the appropriate work-up for said symptoms,,, find out I have "secondary adrenal insufficiency." Since that is the last "pituitary hormone usually to go,,, they check my thyroid. Guess what? My TSH came back inappropriately low,,, my T4 came back Low,,, my free T4 came back Low. The diagnose Central hypothyroidism. They check my Testosterone. You guessed it,,, my Free Testosterone was low (2) ,,, my Serum testosterone was inappropriately low (250) ,,, my LH was inappropriately low (1.2), my FSH was inappropriately low (4). Diagnosis hypogonadotropic hypogonadism. They then check my B12 and the other labs associated with it,,, Ya guessed it,,, Vitamin B12 deficiency. Don't forget the hyperlipidemia,,, diagnosed. Vitamin D,,, diagnosed.

However,,, the most important at the time was the adrenal insufficiency. They treat it and tell me to follow up with the VAMC. The VAMC confirmed the Secondary adrenal insufficiency and central hypothyroidism. They noted hypogonadotropic hypogonadism. I was then given Synthroid. Guess what,,, a little memory came back.

While at the private hospital,,, I am told that these conditions dont just start,,, did they check my TFT's, B12 for a cause of my dementia. Of course,,,, we say,,, "we were told everything was normal."

We call on our doctor friends,,, they review my charts. I should have been diagnosed with Vit B12 deficiency in early 2007,,, Central hypothyroidism as early as 2006,,, Hypogonadism as early as 2005,,, hyperlipidemia in 2006.

Sadly,,, with hypothyroid and Vit B12,,, these are considered "reversible dementia's IF CAUGHT EARLY. Granted,,, some improvement was made but,,, no where need to be. If caught early,,, well,,, if I am older than 50,,, and if caught before 2 years of cognitive dysfunction,,, reversibility favors me. Well,,, I am now 36, and my symptoms have been going on for 4 years. Damage,,, I also now have seizures. Undiagnosed for 4 years and no treatment caused my seizures. Ohhh, did I mention my family complained of this and a request was given for an EEG (written in the report to possibly do an EEG) but was never done? wacko.gif

Sadly,,, I'm not finished.

The VAMC confirmed my diagnosis in Oct of 2009. I am put on Synthroid and hydrocortisone. In mid November,,, my blood test was taken again WHILE ON MEDICATION). The physician takes me off my medication and states, "no other signs of hypothyroidism or adrenal insufficiency." He further states my bloodpressure readings from my all summer hospital admission were of hypertensive NOT hypotensive. He further states I did not have ARF and that he refutes all past lab test from VAMC and the private hospital. sad.gif Yes,,, THIS IS IN MY RECORDS!!! Now,,, this is the same endocrinologist who did not draw my T4 in 2006 and did not draw my T4 after his re-request,,, the same endocrinologist who did not investigate his "specific lab test" that came back "High." Once again,,, this is all in my records.

I complain to my other doctors at the VAMC,,, they tell me he is an endocrinologist and do nothing. Again,,, in my records.

Ya know what happened next,,, I get sick. I begin yet another "Adisonian crisis."

They immediately take my labs,,, my cortisol is extremely low,,, ACTH extremely low,,, TSH inappropriately low, T4 low, Free T4 low. They give me hydrocortisone and do not diagnose, central hypothyroidism. February comes around. TFT's are drawn,,, yes,,, diagnostic central hypothyroidism. We beg to get put on synthroid. They doctor gives the synthroid but said he is not going to diagnosis (illegal within itself). HE ALSO GIVES ME A BETA-BLOCKER!!!!! OMG,,, wacko.gifblink.gifsad.gifunsure.gifwacko.gifblink.gifsad.gif

Remember,,, no Beta-blocker for me,,, everywhere in my record!!! My care-givers don't know what a betablocker is,,, he just says,,, take this. I take it. I start complaining that I can't breathe. Call my doctor friend,,, he immediately tells me to STOP taking it!!!

We now run like crazy,,, move out of state,,, and go to a new VAMC. In time,,, they confirm all my diagnosis,,, treat me,,, my condition is Metabolic associated dementia due to untreated and undiagnosed Hypothyroid dysfunction, Vitamin B12 deficiency and to a lesser extent adrenal insufficiency. I am put on Vitamin B12, Vitamin D, meds for hyperlipedemia and testosterone patch. I take about 28 meds a day. I take meds at 6AM, 8AM, 10:30AM, 12PM, 2:30PM, 5PM, 8PM, and 10PM sad.gif

My doctors state my prognosis as continued need for my ADL's, not expected to ever work,,, URGHHHH,,,, to try and find other activities to stay active.

Ohhh,,,, as for that seizure,,, EEG found the seizure activity. sad.gif

All in all,,, my dementia workup NEVER INCLUDED METABOLIC ASSOCIATIONS. No thyroid work-up, no accurate reading of B12. Sadly,,, after 4 years of cognitive dysfunction and no treatment,,, I am left with permanent damage.

PTSD,,, as crazy as it sounds,,, I also now have PTSD caused by the treatment of the VAMC. URGHHHH!!!! So,,, for all of you who suffer from PTSD,,, for all of you who dream about the time you was faced with life and death to to war,,, to all of you who wake up with nightmare,,, fear certain things,,, everything,,, I sadly understand. The worse part of this,,, once again,,, PTSD,,, PTSD with VAMC. Still,,, I believe they tried to kill me. Multiple times. sad.gif

So,,, said state allows me to sue for things including "lost opportunity." They took away the cap of $350,000. In all,,, we are going for multiple millions (to cover my career as a physician).

I did everything I was suppose to. Put myself through college,,, taught catholic school 4th graders,,, put myself through medical school,,, only to be robbed. I thought malpractice involved leaving something in somebody (which is bad),,, not performing a test,,, stuff like that. But when MULTIPLE PHYSICIANS,,, MULTIPLE PHYSICIANS MISREAD TEST, NOT ORDER TEST, NOT INVESTIGATE ABNORMAL TEST RESULTS, RETRACT DIAGNOSTIC TEST, GIVE MEDICATION IN WHICH A PATIENT IS ALLERGIC TO, GIVE MEDICATION IN WHICH IS CONTRAINDICATIVE TO PATIENTS A PATIENTS AILMENTS,,, URGHHHH,,, sad.gif This is just crazy.

AND,,, all of this is in my records. The current VAMC has been helpful but,,, I am so fearful. Scared to get my blood draw (thinking they gonna do something),,, scarred something is going to happen. I see other veterans and I'm scarred, "are they being treated okay. Do they have a support system helping them?

My current VAMC tells me to leave the past VAMC in the past and try to move forward. They mean well but,,, I almost died,,, multiple times. And everything that went on there was just crazy. Yes,,, this VAMC is helping me and state so much in my record AND literally put "delay in diagnosis from --- VAMC." They also put dates, etc. Needless to say,,, THEY ARE PISSED AND HELPING AND SUPPORT ME IN EVERY WAY POSSIBLE.

Still,,, I am so scarred. Just scarred.

URGHHHH,,, Funny,,, to look at my notes,,, they are scattered everywhere now. smile.gif

I may not be able to work as a physicians,,, I may not be able to work at all,,, but maybe I can bring a voice to us veterans and the care we are getting. Maybe I need to wait to see what happens with the case. If it settles,,, will they hush me? Honestly,,, that is why I want to speak up now.

Money is one thing,,, but,,, I can't even walk to the store because I forget to look both ways before crossing the street. If two or more people talk,,, I can't understand them. Yes,,, I can handle my money alone. Do well with that. I can cook,,, I'm a great cook. But,,, I will forget to turn of the stove. I will pay my bills but forget to close out my account or leave all my info up in for all to see (thank goodness I have trusting friends). My bills are so tight,,, I check and recheck and recheck to make sure all is well.

I have a different type of dementia where it is not degenerative. I have short-term memory loss, aphasia,,, problems with grasping. So,,, I can do things. I have help with my meds, have someone walk with me and people understand to not rush me when talking and to talk one at a time (Great support group).

So now,,, I am left,,, what about the veterans,,, what about the veterans,,, what about the veterans.

Tayo

P.S.

This was really a really long note wub.gif

Must stay positive,,, I am, after all,,, alive.

And when were you aware of the malpractice?

Did you or your lawyers file the SF 95 in time to get into the Statute of Limits?

Has the VA done a Peer Review yet of your clinical records and charges in the SF 95?

"So,,, I'm scarred. Scarred of what is going to happen to me." The VA will fight you on paper over an FTCA claim but they cannot retaliate against in regarding any future medical care.

"Scarred of what is going to happen to those the doctors that did what they did (of course there is much, much more)."

Piss on them -If you get a settlement they will be reported to the NPDB and it goes against their record.

It wont matter much unless they seek employment outside of the VA.

The VA isnt even reporting all their malpractice doctors.In violation of the NPDB mandate- so probably NOTHING will happen to them.They might move them to a different VAMC however.

You said you have multiple attorneys and a strong IMO.

I wish I had an IMO and a lawyer when I FTCAed them. I won anyhow. Like you, I had a medical background-which I got in 4 months as I studied everything I could to make sure my charges of wrongful death were sound and supported by the VA itself in the clinical records.

The situations you mentioned as to no work ups ,improper meds, lack of tests etc were exactly what I used to win my claim,and the additional disability they caused was my husband's death.

But as Carlie asked -can you be more specific here as to what exact malpractice occurred and what resulting disability they gave you?

Your lawyers should be going over your medical records with a fine tooth comb.That is what they will be paid for from the settlement.

I gave exact medical dates, copies of med recs, with entries etc.starting from an ER misdiagnosis in 1988 up to the date of my husbands death 6 years later.

My husband's FTCA disabilities were found to be improperly treated HBP, numerous TIAs, major CVA, and 6 years of heart disease.

I am sure the VA was frustrated when I re opened my claim for misdiagnosed AO DMII in 2003.

The award now trumps FTCA and all of the above been SCed except for HBP.

I had to take them step by step in each claim, citing the Exhibit to prove each point I made and then adding the Exhibit list as cover page to the exhibits (primarily copies of the medical records that I had highlighted where the malpractice was obvious)

Your lawyers should be doing all that and should have determined by now what additional disability you have incurred due to the VA's negligence.

. "My VAMC doctors at my current location tells me to stay strong and is supporting me all the way. They actually wrote the date when I could have found out AND the mistakes made. I mean,,, a lot."

Was this for a VA OGC ordered Peer Review?

My Peer Review was done 4 months after I filed the SF 95.Regional counsel called me up to settle right away.

Then the VA 'lost' the Peer review.

The RC and the Peer doctor retired.

VA said the Review never happened.I won anyhow.

In 2003 - 8 years later I found the Review in my C file and used it for my present claim.

The VA would have never pulled that crap on me if I had a lawyer.I assure you they will try deceive you in any way they can under FTCA.... if they see the $$$ stakes are high.But you have lawyers so they wont try to pull that king of crap with you.

We need more info as Carlie said.

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