Do You Get A C&p For 1151 Claim?

[gwvet90]

What is the standard practice for a 1151 claim - do you need/get a C&P ? I am schedualled for 4 C&P's , but none of them are for my 1151 claim/disability. It would seem odd to get a C&P from the place or even oragnizations (VAMC's) that messed up in the 1st place - I wouldn't expect them to admit it........But the records are clear (too me atleast....) So are C&P normally given for 1151 claims?

[Berta]

Yes usually C & Ps are given for 1151 claims-unless they deny right away and might offer no C & P at all-

They have to determine the extent of the additional disability that the negligence caused, so they should give you one-

It is always a good idea to get an IMO on a Section 1151 claim.They will take the claim seriously but do everything they can not to award it and their decision will rest heavily on the C & P exam results-if you get one.

[gwvet90]

I haven't gotten an IMO in writting - but my civlian Dr's all tell me "it's too bad you can't sue the VA" - 1 said if "I had done this I'd be visiting my malpractice lawyer right now". I haven't felt comfortable asking for a written statement from them. How to you approch that?

I wouldn't have known that you can sue or file 1151 if it weren't for hadit - so thanks to you all for your knowledge & insite.

[Berta]

"but my civlian Dr's all tell me "it's too bad you can't sue the VA" - 1 said if "I had done this I'd be visiting my malpractice lawyer right now"

Yes- you can sue the VA-

I will attach the initial form you need.

You must file this form with the VA District Counsel (or General Counsel in Wash DC)

within two years of your date of knowledge of the malpractice.

It seems your civilian doctors could write supporting IMOs for it-

Question # 8

State the additional disabilities you have incurred due to the negligence, medication error, or malpractice.

Add that this treatment was not consistent with medical treatment that is known in the standard medical community.

Tell them your VA medical records will reveal the extent of malpractice and the documentation of the additional disabilities you have suffered due to it.

#9- put- Not applicable

# 10-

attach additional page and expand here on the "nature" and "extent" as the form says-

# 11- Witnesses

I listed all VA doctors who witnessed and/or contributed to my husband's death- I had to attach a page-it was a list-and I put their addresses and/or the specific VAMC they worked at.

#12 under 12 b Personal injury -ask for MILLIONS Under 2 Not applicable- and then under 12 D put the same amount you put into 12 b.

Do NOT leave this part blank-they will reject the claim.

Copy,sign and mail certified or Priority with tracking slip.

This is handled separate from the Sec 1151.

If you succeed under the FTCA and settle with them, this is evidence for VA to immediately award Section 1151 claim. You have to send the VARO the settlement papers in support of the 1151-and-in my case- General Counsel had to call the VARO too-

I suggest doing this ASAP and then get an appt with your attorney- and give him/her a copy-

of this form-

SF_95.pdf

[gwvet90]

Where do I find the address for VA Distric Council to file a lawsuit?

How long does it usually take?

I don't have a lawyer - at what point do you need one?

Is this ever handled without a lawyer?

What are the steps after filing this form?

By the way - I was "treated" in the Spokane VAMC and it really pisses me off that they spent millions on remodeling & still don't have a MRI machine !!!

I found in my medical records that I was denied an MRI on 3 occations - the Dr ordered MRI's & they were not approved & then cancelled by their superiors, they don't have one in their facility & have to send people to civilian Dr's...

I had filed the 1151 in March & was waiting to hear the VARO decesion, to see if it was necessary to file a lawsuit. July 05 was when I found out about the VAMC's malpractice - so I still have a little while, but I do want the VARO to know that I am aware I have a timeline to file and that I won't let them put my claim off to lose my filing date.

I was considering writting a letter to the VARO & letting them know that if I haven't received a decesion or wasn't satisfied with their decesion by December that I would be filing a lawsuit.

Would this be a wise idea or would they think I was threatening them? Or would they rather it turn into a lawsuit so it is 1 less claim to deal with?

[Berta]

You send the SF 95 which I attached in prior post to the District Counsel in care of your regional office.

Yes- they will probably give you a C & P for a Section 1151 claim.

I get many questions on FTCA and Sec 1151 because I won these types of claims and

I strongly recommend getting both a lawyer and a good Independent medical opinion-for these types of claims.

But- as you asked -you dont need a lawyer -I didnt have one nor an independent medical opinion.

I was able to prove the criteria for malpractice, based solely on my husband's medical records.I studied cardiology for months and leatned what medical symbols and abbreviations meant and it became clear that my husband had been malpracticed on.

Sec 1151 and FTCA claims have two requirements:

Proof of negligence or malpractice

Proof of additional disability or death caused by VA malpractice.

The Regional Counsel has a six month period after receipt of the SF 95 to render a decision. They might ask for extensions.

You will have to provide medical proof of the malpractice or a good independent medical opinion clearly stating the evidence of malpractice.

My claim was proven by my sending to VA counsel and VARO the specific VA medical records that showed

how the malpractice occurred.

I had no other evidence but the veteran's medical records and his autopsy.

I re-opened my husband's Sec 1151 claim after he died because he feared something was wrong with his care.He was focused on the lack of PTSD treatment (which did change after he filed a Sec 1151) but he also

stated in that claim he feared the VA would cause his death due to negligence.

He had laid in a VAMC paralyzed for 3 weeks with a different diagnosis almost every day and I had to threathen to call my Congressman when they told me he couldn't get an CT scan because their CT scan was broke.

They fixed it in 15 minutes and it revealed that he had suffered a major stroke and for three weeks they had done nothing for him.He was immediatly sent to another VAMC. This event caused him to wonder about all of his VA care up to that point.

I used his exact Section 1151 charges for my re-open and also for my FTCA claim.

He was right and the medical records completely proved his charges.

It never occurred to me to get a IMO.

But then again I had to study a lot of medicine to uncover the malpractice and to present it step by step.

I did try to find a lawyer but none that I contacted thought the case would ever succeed.

So I won it myself and didnt have to pay any legal fees.

If you have the medical evidence and a good IMO, yand are willing to deal with VA lawyers yourself- you dont need a lawyer unless you want to take the case to the federal court.

I recommend getting the highest settlement you can -if they award the FTCA claim and dont take the chance of losing on a federal court.

Many Sec 1151 FTCA claimants fail to produce solid medical evidence of the effects of the malpractice.

I have spent lots of time with local vets who think they were malpracticed on-even their med recs might appear to show they were, yet they have no additional document disability due to the malpractice to support the second criteria of these claims.

Also an FTCA claim must be filed with VA counsel within 2 years of date the veteran was aware of the malpractice.

I had a vet with a FTCA claim who waited until the last minute, asked someone else to mail the claim for him, and VA counsel called him a week later telling his the SOL had run out.

There is nothing he can do regarding that FTCA at all. He does have a Section 1151 pending.

Edited October 15, 2006 by Berta