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Ftca


donh777

Question

I am having problem with posting, but want to try again. During c & p exam for ddd lumbar exam, QTC doctor physically twisted my back while doing rom test. He caused my facet joint to start bothering me. Constant medical supervision by private doctor. Have had 2 epidural injections and awaiting the radiofrequency procedure to kill the nerves. Already receiving 20% disability for the DDD of l3-l4-l5. (was reduced from 40% by this doctors report). Can I file tort and ftca for the facet joints or would this be pymariding? Already filed a civil rightscomplaint for not allowing my wife in the exam room. I also suffer from severe depression (50%) rated by VA and have 99% loss of hearing in left ear, I advised him of hearing problem and depression symptons.

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  • HadIt.com Elder

Since this exam was not acomplished by a VA employee, (The doctor accomplishing the exam is employed by QTC), you likely have some options - - - I'd get your private physician to write up the problem and treatment needed, (The info may already be in your private medical records), then talk to a lawyer, with a copy of the appropriate records in hand.

It may turn out that a civil malpractice suit is an additional option. I'm reasonably sure that the VA's liability is limited. (Depends on the language in QTC's contract, for one thing.)

In most states you can also file a complaint with the medical licensing board, or whatever it is called in your state.

I am having problem with posting, but want to try again. During c & p exam for ddd lumbar exam, QTC doctor physically twisted my back while doing rom test. He caused my facet joint to start bothering me. Constant medical supervision by private doctor. Have had 2 epidural injections and awaiting the radiofrequency procedure to kill the nerves. Already receiving 20% disability for the DDD of l3-l4-l5. (was reduced from 40% by this doctors report). Can I file tort and ftca for the facet joints or would this be pymariding? Already filed a civil rightscomplaint for not allowing my wife in the exam room. I also suffer from severe depression (50%) rated by VA and have 99% loss of hearing in left ear, I advised him of hearing problem and depression symptons.

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Chuck- you are correct as to the liability of this doctor under QTC.And right about other avenues that could be pursued.

This brings up a very good point-

this doctor apparently does not fall under FTCA or 1151 regs.

A story I picked up the other day in a Rochester paper bothers me-

"Dr. Tedana P. Wibberley, who has a solo occupational and environmental medicine practice called Brighton Consulting at 233 Alexander St., can no longer prescribe medications or treat patients.

The state Board for Professional Medical Conduct, effective today, cited Wibberley for negligence and permanently limited her physician's license to performing independent medical examinations, including Workers' Compensation cases and evaluations for the U.S. departments of Veterans Affairs and Transportation. She was given a three-year license suspension that was stayed in favor of probation for three years, during which time she must be monitored by a physician. Because she's been sanctioned, she also must carry higher levels of medical malpractice insurance."

http://www.democratandchronicle.com/article/20110316/NEWS01/103160331/1002/NEWS/Dr-Tedana-P-Wibberley-cited-negligence

She was sanctioned but apparently it is OK for her to continue to do "evaluations for the U.S. departments of Veterans Affairs and Transportations"

???? I emailed the reporter to get more feedback on her status with the VA but the reporter could give me nothing as the story's focus was solely on the sanctions.

I assume she is a QTC doctor and this concerns me that her license for continuing to do VA evaluations is OK.

Does this make any sense at all?

I am beginning to wonder if this vet donh should pay for a Healthgrades run down on the doctor who harmed him.

Then again his State might well have a free site at which he could see if the QTC doctor was ever disciplined in the past.

If any civil action could be taken (it wold depend of documented current evidence of his condition directly before and after this incident-he would have a valid case.Proof of any past bad marks against the doctor would help him too.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Already filed a civil rightscomplaint for not allowing my wife in the exam room.

donh,

I feel this will get no where but to frustrate you more.

The VBA paid for the exam.

JMHO

Carlie passed away in November 2015 she is missed.

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I have been in contact with the Oklahoma Board of Medical examiners, and we know what they did, NOTHING. I don't hold out much hope but not ready to completely let it go either. Thanks everyone for these replies. Hope is what keeps us going so I will haang in there. Still haven't heard back from the civil right violation people yet.

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  • HadIt.com Elder

You could file an ADA complaint with the Feds as you were not accommodated per your disability.

Veterans deserve real choice for their health care.

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I got my reply from Health and Human Services. They can take no action because the QTC didn't receive any payment from Medicare. Like Carlie said it would create more headaches if filing FTCA or 1151. So no path left but civil action against the Doctor. I don't plan any more actions at this time. Thanks all for the replies.

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