Who Has Official Access To A Vets Medical Records At A Vamc

[3grandkids]

As a surviving spouse, and before I had an attorney, I asked the vamc for certain med recs I thought would be specific to the open claims I would possibly be continuing. When asked why by the records dept. I made no mention of the substitution reason, only personal family history reasons.

Med recs on cds were sent to me in about a week.

Tried to contact physician who signed the death cert. after reading those records with a request. The nurse I spoke with had full access to the records since when she called me back with that Dr.s denial to my question, and I quoted specific info from the record itself....the nurse asked, "Where is THAT?! "

I gave her the date of note and she looked it up right then and there on the computer. Said she would tell doctor and called back to inform doctor still denies my request and kept it short and sweet.

So that is when I decided to hire a lawyer.

Fast forward to now, that same hospital is refusing to release med recs to my attorney. And just sharing this in case it helps another vet or survivor....the Vamc has to answer to the RO, the med recs are legally under their control when there are open claims. The hospitals privacy office must yield to their request for records which is how my lawyer is proceeding, reporting them etc.

I am glad I got some med recs though, when I did. Just in case anything happens to get lost by them now or sumthin. :-)

Edited January 23, 2015 by 3grandkids

[63SIERRA]

Ok .. heres the reason for my question.

Lets say a veteran who was being subject to malpractice makes a complaint at the VAMC. The veteran request that the complaints be forwarded to the admins, and chief of staff for review of thier complaint. This would induce copability because they were made aware of the situation that the veteran complained about. Now ... once the senior leadership is deemed knowledgeable by written proof, what is thier responsibility? . I would think it would be a comprehensive review of the veterans medical file, to either verify or dismiss the veterans allegations?? Obviously they cant take the veterans primary care teams word for it if that is who the complaint is in reference to?

Berta you get what im getting at ?

[63SIERRA]

Also, what actions are they required to take, ethically and legally once they have written proof in thier possession that a veteran under the care of thier staff was indeed being subject to malpractice?

What is thier responsibilities once they are made aware, and proof has been established?

Edited January 23, 2015 by 63SIERRA

[Berta]

"Fast forward to now, that same hospital is refusing to release med recs to my attorney."

That seems odd but I am not surprised. Is it an issue of your probate status? Did VA give the lawyer a reason?

Is the lawyer familiar with dealing with the VA?

Many years after I won my DIC ,I had a different issue and sent the local VA a request for a few better copies of 2 of the med recs I had. The original copies I got had some blood chem acronyms cut off and an IMO doc asked me for a better copy.

The med recs were there at the local VAMC due to the claim I had pending and was set for a posthumous C & P exam.

I cant believe the BS I went through...they even made me prove my probate status with my Letters of Administration.

VA already was paying me DIC and none of that should have been an issue.

This was the Records Access office here at the Bath VA.

I filed a complaint with VA Central.

Within days I got a letter of apology from the records access office and a copy of what I needed. MONTHs had passed from the day I had first made this simple request.

You said:

"Med recs on cds were sent to me in about a week."

I assume those records were up to date until your husband died.

Why cant the lawyer use the same CD.they sent to you ? It is easy to make copies of CDs if you have a CD program with a CD burner.

In my case, my husband was an organ donor and was autopsied.

I never realized at that time how critical that autopsy would be, to my 3 main issues:

Wrongful death FTCA/1151 . 1998 DIC award

undiagnosed and untreated DMII due to AO contributing to death 2009 direct SC death award

undiagnosed and untreated IHD due to AO direct cause of death 2012 direct SC death award

Death Certificates can usually be good evidence for DIC claims but a 6 page autopsy in my case, completely supported my malpractice charges.

[Berta]

"Lets say a veteran who was being subject to malpractice makes a complaint at the VAMC. The veteran request that the complaints be forwarded to the admins, and chief of staff for review of thier complaint. This would induce copability because they were made aware of the situation that the veteran complained about. Now ... once the senior leadership is deemed knowledgeable by written proof, what is thier responsibility? . I would think it would be a comprehensive review of the veterans medical file, to either verify or dismiss the veterans allegations?? Obviously they cant take the veterans primary care teams word for it if that is who the complaint is in reference to?

Berta you get what im getting at ?"

You bet...however a formal malpractice issue should not be handled by any VAMC.

That is what VA Regional Counsels are for.

SF 95s should be filed with them or the General COunsel

1151 claims should be filed with the ROs.

And all of the medical records should be obtained prior to filing these types of claims.

Believe me........ that VA can go as low as they can go on malpractices issues....at the RO level.

Best to have a strong IMO that supports the malpractice and a lawyer familar with FTCA/1151.

[63SIERRA]

Thanks Berta, !!