Is This Neglect?

[khensonb52]

My va doc ordered a sleep apnea test in 2003. The study showed i had sleep apnea and my o2 sat level dropped to 88% while asleep. The doc says she ordered a cpap machine but the order was cancelled,didn't know why ,never followed up on this since 2003 until now. I am rated at 100%, part of which is cardiac related and previous lung cancer with removal of part of r lung in 2001, due to agent orange. I had asked her on follow up apts with her in 03 and 04 about my test results, she said she could not find them. Two different cardiologist and my private family doc have asked me in the past if i had been tested for sleep apnea, i told them yes by the va but i must not have sleep apnea because i never recieved a cpap machine .I recently seen my va doc and for some reason i asked her again about my sleep apnea test results from 03.This time she did find the results on the computer, and said i need another test done immediately, which is now being set up. This va doc is the only one i've had at the va . In the past few months i have had increased angina, even waking me up with left arm pain. My cardio doc has recently increased angina meds, still having angina. I told him about the va doc mishap, and now before he does an arteriogram he needs to see if cpap resolves angina at night.,Is this gross neglect by the va doc,that never followed up on my need for a cpap,and if test showed i needed one, why i never was told, or recieved a machine?Cardiac disease has prrogressed,and angina has increased since 2003,possibly caused by not being treated for sleep apnea. Thanks

[broncovet]

Of course, Berta is correct. To try to win this, you will need to do your homework. Isnt it amazing that proper preperation prevents poor performance? So, get your medical records, take them, with your C file to your lawyer, and do your own research as well. If you dont think its worth that effort, a lawyer will likely agree with you, as would a judge.

[carlie]

khensonb52,

Please do not start multiple posts / threads, on the same issue.

I am merging your two threads.

[khensonb52]

In regards to broncovet. On my next scheduled apt with doc in 6 months after the test was done, she asked how's the cpap doing? i told her i never recieved a machine, or any results of the test. I assumed i had passed the test! That is the first time she tried to check on the situation, but never followed up. I had always assumed i passed the apnea sleep study.

[khensonb52]

You dont have anything to lose by seeking a lawyers input. Many, if not most, VA experienced lawyers are very busy, some of which are not even taking new cases. Its hard to get Mr. Ken Carpenter, for example. He is very selective of his clients. The simple answer is to take your case to a lawyer and see what he says. If he agrees to take your case, then you have a pretty good idea he likes it. You can decide then.

All this being said, I have not changed my opinion that you bear some/all of the responsibility for not following up in 2002 on your CPAP. We dont know why the VA cancelled the CPAP. Maybe your local VAMC did not have setup a sleep department in 2002. Maybe the CPAP's were on backorder. Maybe the contractor could not fill the order. Maybe the UPS man dropped or damaged your CPAP. The doc is not required to confirm that you got your CPAP, and that you are using it. You need to make an appointment with the doc for follow up, they always recommend follow up and if you dont do so, this is not the docs fault. If you read the fine print you sign when you consent to treatment, you will likely see some sort of disclaimer, that "tollow up" is recommend and if you do not do so, then its not the docs fault. If the doc tells you to "see me in 2 weeks" to see how the treatment is going, and you dont make the follow up appt, how is this the docs fault?. If you allege the doc did not ask you to follow up, then you would likely have to have recorded that conversation, as most would simply deny that. The docs always ask you to make a follow up appointment.

The law often uses the "reasonable man" doctrine. If a "reasonable man" was supposed to get a CPAP in 2002, and it did not show up, what would he do? Forgetting about it for 12 years then suing the doctor does not exactly seem reasonable. Most of the laws do give us a chance to "correct" our mistakes. Its when we fail to correct them then they nail us. Of course, there is a point of no return when we make a mistake that we have to pay the penalty.

I never knew i had sleep apnea until my last visit a few days ago. I have seen my same va doc for 12 years and had followups every

You said

, ",never followed up on this since 2003 until now."

so you bear some responsiblity here, also. Its all likely moot because you are at 100% anyway, and another 50% for sleep apnea wont help you get any more money.

The dr never followed up. I had follow up visits with this dr every 6 months since 2001.she never followed up on the test or the cancelled order for a cpap,because she did not foward them the sleep study results. I never recieved info i failed the sleep study in 03.I'm the patient,not the dr