Should I File An Sf95?

[dphelps1234]

In Nov 2011 went to VA ER department for bronchitis, while there they done a chest x-ray. The ER doctor informed me I had a nodule in my lung in the left upper lobe. I was informed it was on the x-rays done back in Feb and April of 2010. He could not believe I was not informed of this nodule, as they were supposed to put in a consult for it back in Feb and April of 2010. He ordered a CT Scan with contrast. for concern of cancer. A week later they did a bronch wash, the doctor performing this told me as he walked out the door that it was not cancerous and that I had a fungul infection. I was later told it could take up to 12 weeks to get all the results back. I also had one of the residents that told me the nodule on the x-ray was so small, that it was easily missed. Finally in Jan 2012 I had another CT Scan done and in Feb 2012 they schedule me with a surgeon, who discussed with me it was cancer and that they needed to do a lobe resection. He also advised me to get all my medical records right away, that was all he would say on that subject. I had already went to a surgeon outside of VA and had already been told it was cancerous and the surgrey was scheduled for Mar 2013. There was no way I was letting VA do the surgrey after they failed to inform me off the nodule in the first place. This is not the first incident I have had with VA.

Had the surgrey done was very lucky it had not spread any farthur than the nodule, I have stage 1b lung cancer. I go in for my one year check up in April, so far all me check ups have came back cancer free.

I have previously talked to a lawyer and they would not take the case as I was not stage 4 or 5 and it had not spread anywhere else. They advised me to file the SF 95 myself.

Any advice would be greatly appriciated. Thank You Debbie

[Berta]

I replied to your initial intro post ere this AM but this is new information.

Was the lawyer a malpractice lawyer?

The lawyer had a good point. The cancer was removed and has not gotten worse.In that respect VA mitigated most of the damage.

There is no money in this ,as you presented it here, for a lawyer to handle it.

You could file a Section 1151 claim and the SF 95 yourself BUT, the VA will only rate under 1151 any additional disability you have, that was directly due to the lapse of time from diagnosis up to the surgery.

Also the FTCA,if successful would not rep a large sum settlement in my opinion.

FTCA is offset from 1151 comp , too ..another factor to consider.

However there are other malpractice lawyers on the net whio might see this differently than the one you spoke to.

Twenty lawyers at least told me here in NY I didnt have a cause of malpractice action against the VA.

I FTCAed the VA myself. However the malpractice was extensive and caused my husband's additional disabilities and also caused his death.

Two years before he died I spoke at length with a VA cardioologist who mentioned not to tell the veteran he would never walk again due to paralysis from a stroke .....because of his PTSD and his heart....the doc said

(well long story short ...those b-------ds were too lazy to set him up for Occupational therapy until both me and the veteran raised hell and he DID walk again.)

But I questioned the doctor, what is wrong with his heart ????? No one in over 4 years as a VA PT ever told me or the veteran he had any heart problems.....there was a long pause and finally the cardio doc said Nothing...nothing is wrong with his heart.....the dumb f----er had just read an ECHO showing significant heart disease (IHD).

AT that point the VA could have mitigated some of the damage they had done ...maybe.....and when I questioned his original diagnosis of labyrhinitus,when he was hositalized they discovered right away that he had had a stroke and not labyrhithitis. I didnt make too much of a big deal over that because the diagnosis was fonally correct, but my long point here is, VA can often mitigate the damages of erroneous diagnosis and treatment.

Their actions could potentially stave off additional disability.

The requirements for 1151 are very clear in that a negligent act or downright malpractice MUST have caused an additional and ratable disability.

My husband's Stroke, as I learned over the years DID fall under 1151 because they didnt treat his DMII or IHD either, therefore the stroke can under 1151.

I got the 1151 award for the stroke from VA last year, resulting from my husband's original 1151 charges and the VA's 3 CUEs made on the rating sheet for my 1151 DIC award, although he had the stroke 20 years prior to that award.

It was rated at 100% P & T.

I hope this explained better what the VA needs for both FTCA and 1151 claims.

Although these are separate types of claimsd, the medical evidence is the same:

1. Proof of documented malpractice/negligence

2. Proof of an additional ratable disability tat the negligence or malpractice caused..or proof that it caused death of the veteran.

"This is not the first incident I have had with VA."

Maybe there is a stronger basis for a SF 95 within those other incidents.

I had thought the first incident with my husband over the misdiagnosed stroke in 1992 was over and done with ....however,. when I perused his med recs after he died, their malpractice started on August 13, 1988 and he died 6 years later.

There is often a domino affect to malpractice, if it begins way before it is caught, causing along the way ,other significant disabilities.

Twenty lawyers told me I didnt have a case but then again I dont know how many of them actually understand FTCA and malpractice claims.

I am undaunted by negativity and I studied my husband's medical records over and over again until I knew I would succeed.

I know some of the MRI narratives and ECHO stuff by heart. I would say I reviewed them at least 50 times and used a 6 page autopsy to support my cases.

I reveiwed them again at least 50 more times for 3 additional claims I succeeded in after the FTCA/1151 awards.

I have a legal background as well and maybe that is why I found so much evidence in the stack of med recs.

Plus after I studied cardiology and neurology, a lot of stuff popped out right away that was medically deadly, in their treatment of my . husband.

So It might be worth your while to get an IMO doctor to review your records to see what they can find there.

From what I see here I don't see any negligence issues...... but then again an IMO doctor will review the whole 9 yards.

"This is not the first incident I have had with VA." AN IMO doctor would look at the other incidents as well to see if the VA damaged you to a ratable degree.

Edited March 28, 2013 by Berta

[dphelps1234]

Thank You, I have been going over my records again today and I see a pattern where I was in and out of the ER Dept and Clinic for bronchitist and sinus issues during that time frame. Maybe thier is a link there.

I am just MAD AS HELL at them for not telling me back in spring of 2010 about this nodule, the ER doctor who was great, was stunned when I told him I was not aware of it. I am one of the lucky ones, and I thank God every day for that.

I will get am IMO and let them go over all my records since the 1st incident when they failed to properly diagnois a bone infection in my right foot on my little toe, I only lost the meditarsal head on my little toe to it. I rack up huge medical bills from this incident as I knew something serious was going on (You could see the infection) so I went to an outside orthopedic surgeon, who did surgrey they same day he seen me and hospitalized me for 5 days. Went home with a pic line, and call VA to see if they would at least supply the med's and they refused because I was not diagnoised by them. I had a staph infection along with the bone infection.

3 weeks after the surgrey I went an seen the Va Ortho Doctor who I finally had an appointment with.

I have cataracte surgrey coming up and I will not go thru VA. I just do not trust them anymore, and thats sad.

Thank You for all your advice I greatly appricate it, I will see if I can locate an IMO and let them go over my med records.

[broncovet]

The 3 things that win claims are:

1. Evidence

2 Persistance

3. 5 P's Proper Preperation Prevents Poor Performance.

Berta has all 3. That is real determination, Berta, to contact 20 lawyers...and then win it on your own.

My first suggestion would be to contact another lawyer, and be sure, like Berta said, to show the other possible malpractice, not just the missed nodule. It sounds like it boils down to a question of money, and the attorney you spoke with did not feel it had enough potential. However, dont forget about the persistance AND the 5 "other P's" Berta is very good at them too.

[dphelps1234]

Thank you I will remeber the 5 P's. Already started looking for other FTCA Lawyers here in Indiana and Kentucky area, I will start calling them tomorrow see if I can get any one to look at it. Also looking for IMO's here in this area. If nothing else if an IMO can give me peace of mind that is worth alot. Right now I still cannot let go of the Anger I have for the Doctors at VA that said nothing and did nothing when they first seen it. I just don't understand how people in this type of field can ignore or just dont care about the health of thier patients.

My RA doctors thru VA have been wonderfull, no complaint here on them. But they are very caring professionals, most of them in the RA field went into this field because they either had a close family member who suffered or a close family friend.