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Malpractice- Veterans-FTCA- 1151



A reporter here in NY is preparing a story on why the malpractice payouts regarding VA FTCA settlements have risen so much over the past few years.

He was specifically interested in FTCA cases that occurred due to improper health care in New York state VAMCs.

The picture is far bigger than that.......

Before I give out his contact info here....has anyone here won a FTCA case against VA in NY, except for me?

Has anyone here won,instead,  a Section 1151 case here in NY? I only know of 2 people locally.

Do we have any guest readers out there who have succeeded in any of the above, willing to join and tell us about it (or contact the reporter?)

Has anyone here gone to the Federal District Court to win a FTCA case, in NY?

Does anyone here have a FTCA issue pending with VA counsel that arose from an incident at a NY VAMC?

Also , this was an important post that might not have gotten the attention it needs:

Pwrslm is willing to look into the fact that we have incompetent C & P examiners, who cause valid claims to be denied,and in my opinion, since they base their exams after a reading of the medical records (if in fact they actually do that) that there is a nexus in some cases between a lousy C & P exam and downright malpractice.

I still believe the C & P exam they did early this year on my 1151 HBP claim was done by someone at my RO who had no medical background whatsoever.

I raised this C & P issue that pwrslm posted on above ,with the reporter but he is focusing, at this time, solely on malpractice issues....which I feel he should expand beyond NY State because all internet news stories on VA malpractice  go all over the net anyhow if one searches for them.






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Incompetent VA examiners is widespread in VA, not just NY.  I personally had an incompetent exam.  

The doctor admitted as such, that she had neither training nor expertise in Sleep apnea, but rendered an opinion that sleep apnea was not related to depression anyway.   Im 99% certain she did an internet search the nite before the exam.  I knew much more about sleep apnea than she did, even tho she was a doctor.  There is significant science linking sleep apnea and depression.  It isnt about their medical degree...VA has made it clear we are to accept a NP or even less for an exam, as long as they have medical training or expertise in the particular field.  This doc had neither.   

I have challenged the competency of the examiner and may hear from the BVA on it as soon as early next year.  

My sleep doc, who was already board certified in sleep medicine had already opined that my sleep apnea was "the result of" SC depression.  The VA ordered a C and P exam anyway, ignoring the sleep doc and favoring a doctor with no sleep apnea training or experience, and did not give any reasons and bases as to why the opinion of a regular doctor with no sleep experience or training, was favored over a board certified sleep specialist MD.  This is a Colvin (Colvin Derwinski) violation.    (An exam was not needed, as I already had the diagnosis, the requiste link to sc depression and nexus.  An in service event is not required because this was secondary to an already sc condition)

   There is a real scandal with QTC doctors.  You see, a former VA Secretary is a major owner of the company who does QTC exams.  Its a scam, pure and simple.  


Edited by broncovet
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A reporter here in NY is preparing a story on why the malpractice payouts regarding VA FTCA settlements have risen so much over the past few years.

I think pwrslm is on to something. If the reporter asked me that question, I would have answered with something to the effect of "...because it reflects the continuing decline of quality in the VA medical system."

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I'm in FLA.

The C&P exam is a medical exam, and its part of (becomes part of) your Medical record.  Falsification of medical records is a crime.  This is the essential basis of what I am talking about taking to the IG to see if it has impact.  Public exposure would certainly motivate the IG, but the whole thing needs to be based on multiple claims, not just one (me).


My back problems existed since I was in the Army, but they sent me into phys. therapy blind, no xrays or MRI, and I was given excercises that were contraindicated for my condition, which became aggravated from the wrong exercise they gave me.  I still have about 1 year to file an FTCA claim on that, just got done w/surgery to my back, S1 to L3 fusion, laminectomy, and instrumentation after decompression.  Meds got me off kilter for now, but I have been documenting everything.

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"Public exposure would certainly motivate the IG, but the whole thing needs to be based on multiple claims, not just one (me)."

This is the same problem I am having with dealing with the reporter I mentioned....he wants my story but wants other stories too on documented FTCA cases and has done a lot of VA  FOIAing already on that, as I have myself....

He was startled to learn that 1151 awards that are awarded by the RO but by BVA,in most cases ,then remanded to the RO, awards of claims whereby the claimant never filed FTCA, are evidence of VA malpractice and some are for DIC for wrongful death, and that these  are awards that never appear in any VA malpractice statistics.

And he had never heard of the NPDB.

Bob Walsh gave me a tip yesterday on the radio show, as I already had given the reporter Ben Krause's site addy ( regarding C & P examiners.

You stated in the linked post above:

."As a group, Veterans have the ability to do something about it."

That is the only way, in my opinion, the VA will ever change.


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Just bumping this up before the reporter contacts me again....


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