Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Please Read First If You


Berta

Question

The Veterans Administration saves countless lives every day.

Their malpractice statistics might be comparable to those of all private US hospitals.

There are very few documented cases whereby a health care professional made a conscious decision to cause harm or death to any patient, veteran or civilian, such as the Michael Swango case.

If a veteran and/or their spouse has major concerns that their VA health care is inappropriate or somehow casing them additional disability due to medical error-they need to question their VA doctor and if that does not resolve their issues, they need to contact their VAMC 's Patient advocate right away.

If these steps do not resolve the issues, they need to get an appointment with the VAMC director and make sure the director has the veteran's records at that meeting so the director can document the meeting and the veteran's concerns in the medical record.

If that does not resolve the medical issue, then it is time to call your Congressman/woman who has a VA liason person to get involved with these concerns if they can potentially help with a resolve.

Sometimes none of above will stave off a serious negligence issue that can get worse by the day.

If a serious misdiagnosis occurred then all subsequent treatments for that improper diagnosis could lead to considerable more medical problems,and even lead to death.

Anyone contemplating filing a Section 1151, 38 USC or a FTCA case , and these are well ecplained in this forum,must obtain copy of the the entire clinical VA record.

Dont tip the VA off that you are considering formal charges.Just ask for a complete copy of the medical records.

Then if the VA has not been able to resolve the issue or assure you that the care is proper-

be willing to get an independent medical opinion.

There is an excellent template here on IMOs under this type of claim (good enough for FTCA as well as 1151 claims.)

The cost of an IMO might be quite high-bt it will either support a Section 1151 and/or FTCA claim or it will give the veteran and their family Peace of Mind if it reveals the care has been proper and was not negligent.

Filing under FTCA does not require having a lawyer but I highly recommend getting one.

If you obtain a strong IMO that reveals serious negligence or malpractice,that has caused the veteran to have documented additional disability, a good malpractice lawyer would be a fool not to take the case.

I hardly ever offer strong opinions here on this type of claim unless I see evidence (from what the veteran has posted or attached) of a strong basis for a valid 1151 or FTCA claim.

But my opinions or medical assessment means nothing to the VA. That is what IMO doctors are for.

There is considerable info here on these types of claims.

My cover letter for IMOs for a non 1151/FTCA claim contained an exhibit list to highlight where- in the med recs, the malpractice occurred and then where the records revealed it was covered up by many VA doctors.

I tabbed those specific medical records with colored tabs in the stack as the entire record will be considered by the IMO doctor.

These IMOs were for a claim involving an additional malpracticed condition that I could not determine for 8 years.It was an undiagnosed AO condition thus I needed to file a new claim.

The IMO doctor had the past FTCA/1151 admissions of malpractice to consider and

was a specialist in the field of the additional new malpracticed condition.

Specialists in the field of the malpracticed disability are the only ones who can really give a strong opinion

that considers all available medical evidence for 1151 and FTCA purposes.

Malpractice lawyers and malpractice doctors can advertise on the internet these days and some will possibly assess your case -to an extent -by email.

The differences between 1151 and FTCA is explained in this topic with all the legal ramifications to consider.

All service orgs (DAV,AL,VFW) have vet reps trained in 1151 claims.

They do not handle FTCA cases.

If you file under both-the level of probative indisputable evidence is the same for both types of claims.

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I think the veteran should file for secondary as well as 1151 if the malpractice involves a SC condition.

Sorry I didn't see this question sooner and am bumping this up with my reply as everything I know about 1151 and FTCA is in this forum

and I find I keep repeating myself on some of the info that is already here.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use