Cardio Doc Is Willing To Review Misdiagnosis By Va

[Pete53]

My Cardio Doc told me today he will look at the pictures from my stress test taken at VA last Februrary and if they did not catch my heart blockage than he will write a stinging report. He is actually looking forward to it as he is a real go getter and even does TV work and explains Cardiology including stents on Dallas TV. If you have High Speed I am including a link so you can check him out.

Video Clips http://www.wfaa.com/gmt/breakthroughhealth/video/

Dr Maese http://www.wfaa.com/gmt/breakthroughhealth/

He told me today no way could I get a 90% blockage in 6 months.

Berta please help me.

[Berta]

Pete-when he writes that report -and it sounds like he might well find malpractice- I can help you word the Sec 1151 claim.

Short and sweet -if they buggered you they better pay-

Also you are 100% SC now- am I correct there?

In this case it would be advantageous to sue them for MILLIONS!

When I say millions- this is what a vet should put on the SF 95 as personal damage and as total.

The VA will want to settle for much much less-if the evidence shows malpractice and the vet usually takes the settlement -otherwise they have years to wait to get into fed court and even with a good case they could lose.

That is up to the vet when the time comes and VA wants to talk money.I say a bird in the hand (cash settlement)is a good investment.

95 % of these FTCA claims are settled out of court and I think this is always best.

Pete- let me know what the report says and we will make sure-if they caused you problems, that they will pay for it !

I will attach the SF 95. This is what I sued them with and I can help you word this-based on the doc's report -as the wording should be specific.

As I recall when they settled with me the final reports were quite consistent with my charges on this form.

I had no lawyer or doctor to write an IMO. If this doc finds negligence- this will hopefully cause them not to fight your claim as they fought mine-

All in all it was easier for me to sue them then file the 1151 claim but I did win both.

I was familiar with dealing with lawyers- this is something to consider- you might want to get a lawyer for your FTCA claim. One has to go toe to toe and be pretty up on VA lingo because some of the best lawyers I know work for the VA in Washington and they are the ones you will be dealing with.

You have to be firm when the time comes and not able to be intimidated.

I got what I wanted-then caught them in a legal error and then I got more-

then I pressured them to cut the check because that got stalled and I said I would charge them $1000 a day for any more delays. General Counsel sure got that check in the mail.(well it was electronic transfer)

REAL fast because I was costing them too much.

When you succeed in a FTCA claim YOU have the power and they have one more instance of VA medical screw up.

I might need to talk to Ron ABrams (NVLSP) to see how a Sec 1151 is handled with a 100%SC vet.

Then again when my claim is done I will have the info because it is basically same as yours-

if VA committed malpractice.

SF_95.pdf

Edited September 28, 2006 by Berta

[Berta]

One more thought too Pete- did the VA ever give you an ECHO and determine your ejection fraction?

An ECHO can also reveal narrowing of arteries and numerous other problems that could foretell significant blockages.

[Pete53]

Looking back I think that this goes back to win wife made me go to Italy with her several years ago and I had the shortness of breath issue. I have had 2 stress tests at VA and one echo cardiogram and 2 ekgs. I have complained many times. I was diagnosed with Resistant Ling Disease which I am pretty sure is a misdiagnosis. The Pulmonary Doc said it was because I was overweight.

Even getting zocar for cholesterol has been a battle with the VA.

Should I ask the VA Medical Records to mail the entire report plus pictures to my Doc or should I ask for them?

I also feel very let down that I was ill served by the VA they promised to take care of me as good as I could get by civilians.

[Guest jstacy]

Pete, get all of the cardiac tests the VA has done. Make sure the Picture from the heat cath is on a DIsk. It is a lot better then the copy. If you have a period of longevity trail, Then you cannot lose.

[Ricky]

Pete, I think Jstacy posted somewhere on here a handbook about VA medical care (reference having someone attend a C&P with you). If you look over the thing and see things in a sinister way, as I do, it looks like a booklet provided by some Doctor Death guy. What medical care organization in the world would produce any type of book related to the health care they provide which basically provides "we will tell you when we mess up you medical care and assist you in suing us"? Just my opinion

[Berta]

Pete-if I were you I would get all of your VA med recs yourself and then send them to the doctor-I would never trust the VA to do that.

There is always the chance that they were not negligent in their treatment and that is as good to know as if they really were negligent. Section 1151 claims and FTCA malpractice claims have the same criteria:

1. proven evidence of negligence, or malpractice or any medical error

2. additional ratable disability which the malpractice caused.

If a doctor VA or otherwise ,makes a critical error and then corrects it, and the vet has not been harmed, this isnt malpractice.

But a failure to diagnose in a timely manner, inproper meds, and many other things can be medical errors that cause a veteran to have additional problems.

Edited September 29, 2006 by Berta