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Ftca 1151 need help

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hulamatt

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I am service connected for schizophrenia, and now possibly some other things

i had been taking risperdol for 5 years under va medical care, i will not name the facility but i switched to somewhere down south, the doctor would not hear my complaints about the drug that everytime i took it i got extremly agressive agitated pissed off and couldnt control it. I asked the doc on 5-6 occasions to take me off it or give me a shot so i didnt have to take it everyday in hopes that three days would suck instead of 31 anything else, requested haldol. Meanwhile i got a caretaker my ex fiance and she was there and saw me ask this drugs side effects from prolonged use are extreme agitation mood swings agression and anger. My step mom is a pharmacist for the VA and when i told her about this guy and how he didnt believe in schizophrenia and wanted to do gastrointestinal checks she said hes gotta be a young guy that doesnt know any better, and she hit it on the head. Well after about6-8 months of trying to do what i could to stop the side effects alcohol and what not to calm myself down changing dosing times and just plain old stopping on my own when i could the perfect storm happened and i picked up 6 charges in one night, fleeing to elude the swat team had to ram my truck to get me out they made all the helicopters leave and were personally coming in to get me which i and everyone at the scene took as the police saying dude your gonna die come out the negotiator ran infont of swat to get me out he was a vet, i got out was taken down and everything, i told them i had a weapon but i didnt. Non violent but i picked up a domestic charge so not totally. The three months leading up to that day were unbearable.mfor my entire family my fiance/wife and three kids, my ptsd was amped to 12 and i was snapping on everyone, then thirty minutes later id come to apologize and realize what was going on and explain to them i couldnt help ot i dont know why im so mad or pissed and yelling all the time. I was unbearable to be around, i wouldnt be surprised if they have ptsd from my e, i wouldnt call it emotional abuse but just pure no word for it, just unsubstantiated anger. Like i said before leading up to this event i saw it coming on and tried to get help and the va would not change the med the doc didnt think i had a mental disorder and i dont really think that he believes in them. Well i got a new doc a year ago who taught the quack in med school. Fast forward to three weeks ago, my meds needed to be corrected something was going on, i had feeling in my face like i was in the CS/gas chamber, burning all over two days after that i was in psych ward. The doc wanted to give me the same drug risperdol i said no way last time i was on that the swat team had to get me, he said your taking it, i asked for another doc and was denied, he kept coming up to me the next three days saying to take it. Red flag one. Why if im not gonna take it when i leave i refused to take it. I went off on him the second time callin him insane for wanting to give me that and asked to have another doctor denied. He wasnt going to let me leave inless i took it, after day three of him trying to make me take it and denieing me of my legal right for another doctor i went off on the whole ward for violating my civil rights, i wasnt allowed to control hippa consent i wasnt allowed to have an advanced directive i wasnt allowed a dnr and i wasnt getting meds to help me only lithium and him pushing the psychotic drug on me, i lit that mother fucken floor up like a four star in a situation room for all the lies they were doing and being shady, it would be med time and they would say heres your risperdol, and id say wtf do you mean i told you assholes 5 times im not taking that shit, oh thats not for you thats another patient they said biggest bs ever. nurses couldnt help me doc just sat there and was a smart ass the whole time the week there i saw him 5minutes i shit you not total, well i seeked out a few nurses that seemed sympathetic but they still couldnt help me, so i asked them what was going on. Turns out all this shit was coming from the director, i lit up ig abuse hotline called director patient advocate everything i could, i used the patient handbook and asked why it said i have rights to a new doc and all these other things and cant use them, patient advocate never called back the whole hospital never called back from my complaints, director apparently wasnt there, nothing, my social worker never talked in the three weeks i was there to me. So i apologized to the nurses because they were in fear of losing their jobs thats why they couldnt help. So i asked a doc that seemed nice if i could use him instead, he said you dont want me and smiled like something was up, then he said he would have to be worse than my doc on me, and it clicked they were trying to get me to take risperdol to say well he had it here again and nothing happened, its insanity, ive never been to a POS va mc like this one. My doc and his resident backtracked two times and said they never said risperdol to me, anyways after i made the phone calls to the agency that regs hospitals they got nice and said they saved my life cause i was calm, and they must had done something right and the doc on discharge minus two said ok lets try another drug abilify or zyprexa, but i want you to take risperdol, i said abilify and i was out of there in two days, and he fianlly said after three weeks well if you have a disposition to the drug you probably wont take it when you get out of here(risperdol) no xxxxxxx shit doc you didnt figure that out the first day two weeks ago when i said i cant take it and wont, i know i have a case here for the first time, and second, just dont know where to start. Patients are in control of their meds so dont let anyone tell you otherwise, i had to learn the hardest most extreme way to not let these docs tell you that they know my body my head my symptoms my reactions better than me

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You have to document all of it.  From the sound of it, some of it is easy, police records confirm facts about your reaction.  Whats in your medical file?  walk in to a ROI office and ask them for copies of the inpatient records for the dates that you were institutionalized, see what the MD's put in your file.  From that point, you can see if its possible to make a case.  They should give you copies on the spot, don't ask for the entire medical history or they will just have you sign a form and it takes over a month to mail it out.

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You have to document all of it.  From the sound of it, some of it is easy, police records confirm facts about your reaction.  Whats in your medical file?  walk in to a ROI office and ask them for copies of the inpatient records for the dates that you were institutionalized, see what the MD's put in your file.  From that point, you can see if its possible to make a case.  They should give you copies on the spot, don't ask for the entire medical history or they will just have you sign a form and it takes over a month to mail it out.

the docs wont show my request to remove the med from regiment, but its there id have to subpena doctor and hope he doesnt lie but he probably will but me and my caregiver but witnessed me asking to remove me from the risperdol, i printed out standard form 95 but not sure how to proceed. The doc notes are pretty standard, there is one thing in there that stood out but i forget, now as far as the inpatient i will get med notes tomorrow, but ill just supena the........ Out of everyone they all wont lie on the stand, they could be protected under the federal whisleblowers act and i could tell them that and have them use it so they arent punished, i just dont know the procedure, how to get infront of a judge, and the steps i got to go through to be ok when i get there, i got some standard form 95 or somethin mods can move this to right forum 1151 or ftca, this med center is f........ Down here

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Changing Providers
The VA Patients Bill of Rights says you have the right to choose your provider. If you are not getting desired results from your current physician, talk with your VAMC Patient Advocate, explain the problem, and request a new one. I had a substandard VAMC provider once and the Patient Advocate was able to help get my physician changed to a better one.

Changing Medications
Switching from psychotropic medication A to psychotropic medication B is not necessarily the easiest thing to do. It might appear that the VA psychiatrists are steering you back to a medication that might not appear to work, but they have protocols they have to follow which might not make much sense to you or me. Sometimes certain psychotropic medications build up in your system over time and they might have to wean you off of medication A before switching you to medication B.

Secure Messaging
If you are concerned that your VA physicians are ignoring your requests, try submitting them in writing. The VA MyHealth e-vet site has a secure messaging feature that you can use to communicate with your providers, but don't expect same day responses. The beauty of this is the fact that anything you send will be added to your electronic medical records the exact way you write it. It's not like when you talk to them in person and they get to choose what to document in your records. All I can tell you is to be brief, courteous, and remember that this feature is a two way street. If you are having a bad day, think twice before sending a nastygram using this feature - consider calling the crisis hotline instead. If you are worried about something you are writing not coming across clearly, ask someone you trust to proofread the message before submitting it. Clarity can often be worth the wait to ensure your request is received and understood.

The reason why I recommended the secure messaging option is so that you can have proof that you requested the doctors stop the medication which is not working. Send your request. Give them about a few days to a week to respond. You may receive a response earlier from a clinic staff member saying they forwarded your request to the physician. Secure messaging is great because you can check the Blue Button feature of the site a few days later and see your request. It's pretty solid proof that it was received.

Good luck. I hope everything works out for you.

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Plan on just gathering information right now.  Let a lawyer worry about court.  You have your facts, your buddy statements, any proof you have about asking for a different provider, etc..etc..

If you determine that you have enough documentation that essentially proves your issue, then talk to an attorney to see if it is a viable case.

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