Is Qtc & Ves Indemnified Against Vet Lawsuits?

[rootbeer22]

Folks:

Found out that a couple of QTC Doctors seem to be in disagreement about my Cardiac C & P Exam now which is holding up a second phase of my claim ? They can't seem to come to a decision about my Cardiac results and the QTC rep today said they've had may case for review longer than is usual? Further, I have a Echocardiogram report from Madigan Army Hospital that shows that I have heart valve disease from back in 1998. So, say a Vet is in the same circumstances as me, but gets a clean bill of health from the Cardiac CP Exam despite the smr records showing service connected heart valve disease, then a year or so later, he has a significant heart attack and cannot work?

Does or would QTC bear any responsibility for the missed or wrong diagnosis or for giving a clean bill of health when it is later found not to be warranted? Also, does VA indemnify CP Exam Contractors for being wrong with their diagnosis? Sure, I understand that it's a Claims and Pension exam but there is no denying that it's also a medical opinion as well so is that opinion legally binding on the doctor's company that they work for?

Thanks...Rootbeer22

[lotzaspotz]

I think that depends on whether the veteran is depending on a C&P examination as a diagnostic/treatment tool instead of the exam being strictly limited within the confines of evaluating conditions for rating purposes. Also, the veteran is not subject to the Feres Doctrine, as he is technically a civilian. He could also by extension possibly have an 1151 complaint, as these other companies act on behalf of or in place of the VA. Yours is an interesting question and I'd like to hear an answer, as well. Perhaps Chris Attig or another attorney can address this.

Edited August 11, 2015 by lotzaspotz

[Berta]

"So, say a Vet is in the same circumstances as me, but gets a clean bill of health from the Cardiac CP Exam despite the smr records showing service connected heart valve disease, then a year or so later, he has a significant heart attack and cannot work?"

I am not a lawyer but a successful FTCA/1151 claimant.

C & P examiners are not treating physicians,when they do C & Ps.

I think some of their bogus results raise to negligence and reveal how incompetent they are,

but it is only documented improper VA medical care ,that can raise to the level of malpractice.

In the quote above, the vet gets a C & P , and then has a heart attack.

It is what VA treatment he/she got prior to and then after the C & P, that would determine if this heart attack was due to malpractice.

My prime charge under FTCA was heart disease caused by VA malpractice.

My dead husand had more C & Ps after he died than before he died and I have a stack of C & P exams from 1996 up to one, a few months ago, that were all deficient.

None of them were evidence for my wrongful death case (FTCA/1151)

A few were certainly geared to trying to absolve VA of any medical malpractice. It didnt work for them.And I didnt need to use the C & Ps for my FTCA evidence because they really didnt matter.

Lousy C & P exams can be overcome by the evidence in the record, evidence the examiner ignored, challenging the C & P doc's credentials, using the regulations and using plain old common sense, and of course by getting IMO/IMEs that fully knock down the VA examiner's rationale, but as bad as they are ,lousy C & P results do not support charges of malpractice or negligence.

They could however support an attempt to cover up malpractice evident in the veteran's med recs, as I sure experienced....not only during my FTCA/initial 1151 matter but a few months ago...it was by far the most ridiculous one I got yet...overcome fast ,however when they read my medical evidence, from VACO.

I dont thibnk the "examiner" had any medical background at all.

"Does or would QTC bear any responsibility for the missed or wrong diagnosis or for giving a clean bill of health when it is later found not to be warranted? "

The responsible entity is the VA, if the VA improperly diagnosed you, then subsequently provided the wrong medical treatrment to you , and because of that ,you suffered additional disability (ies) or death, dfirectly due to their malpractice.

C & P examiners are paid by the VA, so that shows how biased they can be.

It is a legal conflict of interest, but veterans have never taken on a fight to get that status quo changed, and this is a big reason for denials and well as the backlog.

Until veterans themselves fight back on this aspect of VA claims process, lousy C & P exams will continue to cause more denials in the future. And the backlog will grow.

.

Edited August 11, 2015 by Berta

[rootbeer22]

Folks:

As always great answers from both of you and much appreciated. So far, I've been pretty pleased with the overall treatment of my claim with the exception of few of the weak CP exams and procedures that I witnessed. One nurse CP examiner felt comfortable enough to tell me that "my generation" "Gulf War" claimants "was placing a burden on the "system" now as we were just now seeking care and compensation"? Although I'm not overly sensitive, these comments really seem to hurt me? It was my wife who said, "you were hurt severely in the service and they should at least help you as you age". I know the hold up in my claim's second phase now is a Cardiac Echocardiogram in service that QTC seems to be trying to overcome and my case is now with the 3rd QTC Doctor for review? Even the QTC Rep on the phone was surprised that it was taking so long to get the CP finalized? I had a Doctor's Appt yesterday and the Doc was very frustrated because my smrs show how my blood pressure was normal until I got sick in Kuwait during active duty and was hospitalized for few days? Then for the rest of my life, it has been characterized as "uncontrollable" hypertension, but the VBA gave me 0% regardless? From what I understand is that if the QTC Doctor does find a link to the heart disease, then the cardiac related ratings will probably be increased? Frankly, I have pretty good life insurance but if something happens to me due to this Cardiac stuff, I want my wife to have options and know how to proceed without me?

Consequently, Vern2 has been very kind to help my by reviewing his Cardiac case and it demonstrates how even Vets, with very well documented conditions can get lost in the shuffle and mostly ignored by the system.

Take Care, Rootbeer22

Edited August 11, 2015 by rootbeer22

[Berta]

"From what I understand is that if the QTC Doctor does find a link to the heart disease, then the cardiac related ratings will probably be increased? "

You mean you have an established SC rating for the cardio issue now?

Did you formally file for the HBP as due to the cardio issue?

Was the heart valve issue what was in your SMRs?

if the QTC Doctor does find a link to the heart disease, then the cardiac related ratings will probably be increased? "

Is the heart valve as a possible 'as likely or not' cause of the heart attack, the link you hope will be made?

[Berta]

just to add, I hope those QTCs are real cardio docs because there is a lot to assessing and understanding heart valve disease.

[rootbeer22]

Berta:

Yes, I was given 0% HBP and 0% ED based upon Cardiac issues on initial claim? I also have a solid SMR Echocardiogram while in service 1998 that shows heart valve weakness and regurgitation issues as well as a few other things. The rater rated me 0% for both issues as stated, while still deferring my Cardiac Contention. So, ironically, the same day that my initial claim of 80% was released, I was then scheduled for a Cardiac C&P & also Explosion Residuals CP Exam, and both were completed 6 weeks ago? I called QTC last week because usually there's been quick action after my CP Exams (usually) and they said that the first QTC doctors Cardiac CP and new Echocardiogram report was done within 24 hours? However, my case recently had to be reviewed by a second and now a 3rd QTC Cardiac Doctor which is unusual in the words of the QTC reps? I remember one of the docs saying that I had a good EKG and that the heart valve issue should show up there but it's not? The good news is that I have never drank alcohol nor ever smoked so that's not a factor? So, my speculation is that they are trying to find a way around the 1998 Echocardiogram at Madigan Army Hospital that showed heart valve disease? When I first joined the Army, I wanted to be a Helicopter Pilot and scored very high on my tests. But the Army needed Tankers because the new M 1 Tank was being fielded and that's what I was assigned to--and loved it. Consequently, I passed an extensive Class A1 Flight Physical as I entered service so it shows that I was in perfect condition when I first joined the Army. So, If there were any heart or heart valve issues, they would have probably found them then? My guess is that I'm on the "cardiac borderline" range and my records show 22 years of Blood Pressure Readings and only after Kuwait did my blood pressure become "uncontrollable" and very high? Also, I was exposed to some bad environmental stuff and an on the Burn Pit Registry; and Camp Doha had a Gross Contamination of Ecoli Poisoning in the camp water system and we all got sick--no one knew about it? I actually kept a copy of the camp memo and added it in my smr records. I later developed 3 large marble sized cysts on my Kidneys that are still with me and were discovered during a routine back MRI? We have to check them occasionally to ensure they don't' turn cancerous--which is scary? Frankly, I think this all started in the Middle East and despite having 4 of 7 key Gulf War Issues, the VA contracted doc did not service connect me for GWI? If you remember my GWI post, the 4 hour exam took only 20 minutes and the examiner never made eye contact with me? Also, he told not to speak unless he asked me a specific question first and it ranked among the oddest exams that I've ever had?

Anyway, take care and godspeed... Rootbeer22

Edited August 11, 2015 by rootbeer22