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

[carlie]

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

Welcome.

Keep in mind your responsibilities too.

You knew about SA in 2003 and you also, didn't follow up until now.

If the above left you with residual additional disability, it might POSSIBLY

meet the criteria for an 1151 claim.

Others will chime in.

[broncovet]

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.

[Berta]

Untreated sleep apnea can contribute to a multitude of problems:

“Untreated sleep apnea can:

• Increase the risk of high blood pressure, heart attack, stroke, obesity, and diabetes

• Increase the risk of, or worsen, heart failure

• Make arrhythmias (ah-RITH-me-ahs), or irregular heartbeats, more likely

• Increase the chance of having work-related or driving accidents”

http://www.nhlbi.nih.gov/health/health-topics/topics/sleepapnea/

I am unfortunately familiar with medical malpractice issues regarding the VA.

Carlie does make a good point, and I do believe in being responsible over our own medical care.,but I don't think that would mitigate the damages at all in your case.

My husband ( dead due to VA health care FTCA/1151) and I -never questioned a diagnosis he got ,when he was taken to a VA ER, after he suddenly collapsed at work (he worked for this same VAMC) He had regular appointments vefore an after that ER episode, and we felt there was nothing we needed to be concerned about.After all he was seeing VA doctors regularly. They had degrees on their office walls and were well to do their jobs.

But then ,at some point ,years later when he had a major stroke, I asked one of his VA doctors a serious question , and I accepted the answer, (which I proved to the VA General Counsel was a blatant lie and the beginning of a cover up of my husband's prior negligent VA health care)

I began to realize some VA doctors should be working instead at the VA 800#., where they can get away with saying anything at all regarding a claim status.

BUT malpractice is Not prevalent to the VA no more then it is to any private medical entity. It happens.

Based on what yopu told us hereI feel you have the basis of a claim under Section 1151,38 USC.

You might have a claim under FTCA as well but FTCA is offset to 1151 awards.

I suggest you read the FTCA and 1151 info in our FTCA forum carefully.

You need a complete copy of all of your VA medical records.

You stated:. “I am rated at 100%, part of which is cardiac related and previous lung cancer “.

Any Section 1151 compensation, if you succeed in a 1151 claim, will NOT be offset to any of your VA comp for other conditions.

You could also claim any addditional disability you hav due to the VA negligence, as a secondary condition, without using a negligence scenario. Personally I think sometimes both types of claims shold be filed but I also think the 1151 claim would provide a higher monetary value.

You stated:

“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, ….etc “

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”

For either a FTCA claim or 1151 claim, or both, you will need a strong Independent Medical Opinion, that follows the IMO crtiteria here in our IMO forum, to reveal that negligence/malpractice occurred, and that you have suffered resulting additional disability because of that.

On of you private doctors might be willing to prepare an IMO for you. If not I suggest Dr. Craig Bash who has done SVR radio shows here in our IMO forum.

I had an additional negligence issue after my FTCA death case was resolved.

I filed for direct SC on that claim and hired Dr. Bash, a NeuroRadiologist, to prepare 2 IMOs for me to prove my husband, in addition to multiple misdiagnosed conditions, also had been undiagnosed and untreated with DMII from Agent Orange.

I succeeded in that claim too.The word diabetes never appeared once in his med recs.

You have a similar situation as I have had regarding VA malpractice......it involves the concept of “omissions of acts”....in other words the VA omitted acts (failure to properly and timely diagnose and treat) a condition that any doctor in the standard non VA medical community would have promptly

treated.

You asked :

“Is this gross neglect by the va doc “ of course it is, in my opinion.

But I am not a doctor and negligence involves a real doctor stating what additional physical damage this omission of proper follow care involved.

Please read all the FTCA and 1151 info here in our FTCA forum (those regulations have not changed since 1997).

And gt a com[lete copy of all of your VA medical records. Do NOT tip them off that you need the records for a potential 1151 or FTCA because that is when some of the records might suddenly 'disappear'.

Also I suggest you get a good vet rep to help you if you file under 1151. Lawyers handle FTCA claims, vet reps cant.

Feel free to copy my post here and give to the rep.

The VA employs many many dedicated and competent doctors but something really went wrong here.

Has your cardio doctor asked to see your VA med recs, before he does that arteriogram?

He might not need them but ,if he is willing to do an IMO for you, he will need them.

Many private doctors are unwilling to do a 1151 IMO.

Dr. Bash, a former VA doctor, has no problem, if the medical evidence warrants it, to prepare a strong IMO regarding any type of claim, for the VA.

I caught Broncovets ost as I was pasting my post.........

In my last award, the 1151 SMC issue I ad involved a monetary benefit far higher then what I thought the AO IHD award would garner.

Section 1151 awards cannot be combined with nor offset against regular SC awards. 1151 is a separate issue.

I have an additional current 1151 claim agaionst VA pending and I sent them a copy of the actual regs in M21-1MR, that make that same point.

I am pretty sure I posted the M21-1MR criteria in the 1151/FTCA forum here.

FTCA settlements CAN be offset against 1151 awards.

However if one proves the FTCA malpractice was also malpractice on a SC disability, the VA must refund the offset.

That was my experience in 2009.

1151 DIC 1998 with a FTCA offset.

AO DMII contributing to direct SC death award 2009

Complete refund (after a battle) of entire DIC FTCA offset 2010.

e

[TiredCoastie]

Khenson,

Setting aside the issues of VA malpractice and increased disabilities, you really need to get on a CPAP IMMEDIATELY. As Berta pointed out at the beginning of her post, untreated sleep apnea can contribute to a number of health issues including your cardiac conditions.

You mentioned that you have outside doctors. You might want to use your medical insurance to get to someone on the outside ASAP. The sooner the better!

Meanwhile, you can also work with your VAMC to get a different primary care doctor. While you've got a lot of history with the one to whom you're assigned now, this one really let you down. Sounds like it's time for a change. If you're not sure where to start, each VAMC has a patient advocate office and they can help you. I'm all about forgiveness and everyone makes mistakes, but this is one of those times when it's best to get a fresh start and a fresh look at your overall health.

In my own case, my OSA was a major contributor to arrhythmias. Getting it under control with a new machine and better medical care made all the difference. But I did it through the outside -- not the VA. By pointing out that my conditions were worstening rapidly, my outside doctor moved very quickly and I was set up at practically lightning speed. The new machines, by the way, are a whole lot more comfortable than the old ones...you've probably heard the stories...and I sleep and feel a whole lot better now.

[john999]

I am still trying to find a mask I can tolerate so best to get started with your OSA treatments now. My o2 sat dropped to 70% on the last test. I am worried and getting poor treatment from VA and private.

[khensonb52]

I did not know until my last visit with va doc i needed a cpap.This is the reason i asked her about it again= My va apt 6 months ago i seen another doc, mine was out sick. That doc asked if i was being treated for sleep apnea. I said no but my regular doc ordered a test years ago. That doc could not find the results on the computer, and said she'd follow up with my reg doc when she came back to work.At my last va apt with my reg doc a few days ago, this is 6 months later, i mentioned the subject of her replacement doc questioning me about sleep apnea., my doc then could mysteriously find my 10 year old test results, then she ordered a new test at that time. New apt time not given to me yet by va now 5 days later,.During thisvisit i mentioned to her that i could not test this coming september, i would be out of town. She looked at me and said, you don't understand, you need this retest done immediately. Maybe this will clarify my original post. Thanks