ptsd Why Would They Add This?

[63SIERRA]

I was checking ebennies on my wifes claims and they added "( adjustment disorder}. She already had put in for depression,16 months ago, and it was listed in the contentions, so we dont know who, added the adjustment disorder or why. also the claim recently moved to pending authorization of descison. If it all falls undet PTSD, why would they add that.

Edited December 26, 2013 by 63SIERRA

[free_spirit_etc]

I think I have asked before, but I don't recall if you answered, or what your answer was - but have you considered applying for SSI for your son?

[63SIERRA]

FREE he gets it, he gets 650.00 a month. and that is peanuts to take care of a handicapped person, who is basically totally dependant on us, 24/7 365 .

the child that they just won the lawsuit for is now 5, yrs old, so either the case took a long time, or they filed several years after birth. We have all of the medical records, and the pictures tell a hell of a lot. so we are going to see what our family attorney says, if he isnt interested, im going to call the same lawfirm that just won the case for 6 million.

all they can say is yes we will take it, or no we wont.

also Im very sorry to hear abt your son, a doc was telling me that the way babies are delived is the most un natural way possible. instead of letting gravity help by standing upright, they pull on the babies head, and cause alot of injuries. I was in shock, watching how hard they were pulling on my sons head, but figured they knew what they were doing. My wife recalls they delivered alot of babies that day, at was late into the night like 3 am, so they were likely not wanting to call in a surgeon to do a c section is my guess. They just pulled like hell and hoped for the best.

I recall how mean they were talking to my wife, and she was truly pushing and trying hard, they were just flat out mean. The whole energy in the delivery room, and the ward was very tense, and chaotic. Not a peaceful, harmonious vibe, of happy , cheerful professionals.

I keep seeing the PA s face, as she was checking on or sewing my wifes injury, and shaking her head in disgust, saying.., that was wrong what they did to you, just wrong, you should get an attorney and sue them.

Im sure that the PA is in the medical records, we may be able to find her, and get an oral account from her, abt the events that took place that day. Surely she isnt there anymore, she was so disgusted with the place.

Edited December 28, 2013 by 63SIERRA

[63SIERRA]

S63,

I guess what I am having trouble following is why you are upset they didn't add PTSD if you didn't claim PTSD and your wife hasn't been diagnosed with PTSD. I am also not understanding why it matters who added the adjustment disorder to the pending claim. I would think it might show there is a possibility that they might grant the mental disorder claim. It seems odd that they would add that, just to deny it. It seems like adding adjustment disorder is more saying she isn't just depressed, she is depressed because of something that happened. The rating would be based on how much it affects her functioning (or how much the VA says it affects her functioning).

im not upset they didnt put PTSD, Im leary that they added something that she didnt claim with no cp exam. Ive seen thier Modus operandi . They try to change the color of the popsicle, and make you eat it. They distract from the actual issue, and rename it, to make you focus on that. They dont acknowledge ilnesses you have evidence of, they invent something you have no service connection to and try to make you wear that badge. injuries become birth defects or developmental conditons, , mental ilnesses become charecter defects. take my back injury for instance, Ive sent them proof on several occasions that my diagnosis is spondylolysis THESES/. They refuse to call it SPONDYLOLYSIS THESIS. They want to call it just spondylolysis. Heres why, because THESIS which means the vertebre has shifted, doesnt fit with thier congenital defect fabrication. It fits more with an injury.

They hear and see what they choose to hear and see. Me and my doctor could stand outside the VA with huge signs that say,

THIS MAN HAS SPONDYLOLYSIS THESIS WITH DDD . they dont care, they put what fits, to deny your case. Im not going to let them change my wifes conditon to deny her case, just as they are trying to do to me.

It will be interesting to see what thier final painting looks like.

[free_spirit_etc]

S63,

I know SSI does not come near covering what a special needs child needs. I certainly wasn't suggesting that you apply for SSI instead of filing a lawsuit. However, many parents of special needs children don't realize they can apply for SSI for their kids. So I kept pointing it out, because as hard as you are struggling to provide for your family right now -it seemed like getting the extra from SSI would help. It wouldn't take care of everything, but it would help. As I wasn't sure whether you received SSI for your son, or whether you knew that you might be able to - I asked.

I was trying to be helpful.

[free_spirit_etc]

That could be a reason they are considering your wife might have an adjustment disorder. And I agree, woman have a tendency to feel responsible for everything - and thus are more prone to feeling guilt. I think it is pretty common for a mother of a disabled child to feel some guilt -- thinking maybe if I had done this differently, or that differently, the results would have been different.

People can be depressed for a multitude of reasons. But if the depression and anxiety all centers around an event that occurred 17 years prior, it doesn't seem like adjustment disorder would necessarily be an inaccurate diagnosis to me. It would be saying that your wife has had difficulty adjusting to the traumatic birth and to raising a severely disabled child. That in no way means that it is her fault that she hasn't adjusted better. That is why it is called a disorder. But if she is depressed and anxious for a reason, then it seems like dealing with the reason might be a better therapeutic approach than just treating her for generalized anxiety or generalized depression.

Its like when many woman get raped, they did absolutely nothing wrong, but for some reason , feel a sense of guilt, and shame. As men we cannot understand these things, its not in our reasoning, but ask any woman, and it makes perfect sense to them. If I were raped., I would in no way, shape or form, feel guilty, AT ALL.EVER. Woman do, why I dont know.

[free_spirit_etc]

As as far as the case with the 5 year old, it was probably a little bit of both. (i.e. they waited awhile and it took a long time). But there is still a big difference between 5 years and 17 years - legally speaking.

It is possible that you might be able to file a claim. For your child's sake, I hope so. Generally, the statute of limitations is 2 years. But that often extends to 2 years after your child turns 18. In some states, such as Texas, it looks like medical malpractice claims might have a more limited period than personal injury claims.

This is just some general information, but your attorney will be better able to advise you.

http://www.injuryrelief.com/medical-malpractice-statute-of-limitations/

Unfortunately, for patients injured by a medical professional’s malpractice, the “discovery rule,” or the principle that tolls the statute of limitations until a person learns or should have learned of their injuries, does not apply in medical malpractice cases. Thus, a person who discovers their injuries more than two years after malpractice occurs will be unable to bring a case for medical malpractice. However, if the injured patient can prove that the healthcare professional actively concealed the details of his injury, then the statute of limitations may be tolled. As you might imagine, this is another fact-intensive inquiry that necessitates retaining an experienced medical malpractice attorney like those at Grossman Law Offices.

Importantly, if the patient was under 18 years old at the time of malpractice, the statute of limitations will be tolled until he becomes 18. Thus, under the tolling theory, an injured child will be able to bring a lawsuit for medical malpractice until his 20th birthday, unless prevented by the statute of repose (discussed below).

In all cases – regardless of fraudulent concealment, lack of capacity, or where someone is a minor – Texas law requires a medical malpractice lawsuit to be filed within 10 years after the date the injury occurred. The Texas Supreme Court upheld this seemingly unfair rule in 2009, reasoning that the Texas Legislature acted within its authority in requiring all medical malpractice lawsuits to be brought within 10 years, specifically citing the legislature’s reasoning of eliminating uncertainty for lawsuits for professionals as valid, and that they should be free from liability after a certain period of time.

the child that they just won the lawsuit for is now 5, yrs old, so either the case took a long time, or they filed several years after birth. We have all of the medical records, and the pictures tell a hell of a lot. so we are going to see what our family attorney says, if he isnt interested, im going to call the same lawfirm that just won the case for 6 million.

Edited December 28, 2013 by free_spirit_etc