Malpractice- Veterans-FTCA- 1151

[Berta]

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.

 

 

 

 

 

[Buck52]

Ms berta

please bring this issue up on the radio show Thursday. (the end of year program) I'll be listening

I think a lot of malpractice suites need to be filed but a big big % of the veterans are like ''what's the use I won't win or it do any good.'' its all across the country.

They messed up my right hand doing a Dupyntren's Contraction  Procedure ..my hand and finger have drawn up(shrink) and it is painful to stretch out my hand or just shake hands with someone  with a good grip

I been back to the surgery clinic about it time and time again and all they say to do is rehab it and rub it put lotion on it ect,,ect,, I have did that for a year now and its just like it was....its like I should be thankful for them straighten out my fingers and just shut up about it and stop belly aching about it.

and I know there is a lot of other veterans in much worse shape than me, its those veterans that need to be taking care of or file a mal-practice suite...

 

.........Buck

Edited December 28, 2015 by Buck52

[Berta]

I will mention it if I can Buck...we expect very rough weather here Tues and Wed and I might not even have electric power if too much ice gets on the power lines and I  just mentioned that to Jerrel---BTW the show is on Wednesday, at 2 PM CT, not Thursday.

It was 71 degrees here in the Appalachians last week and below 20 now with lots of bad weather on the way.

[Buck52]

Oh  okay Thanks Ms Berta.

 

[Chuck75]

On 12/24/2015 at 8:16 AM, Berta said:

"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 (www.disabledveterans.org) 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.

 

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

And the VA fights to prevent class action suits!  (Lack of court jurisdiction, etc.)

In practice, this means complaining to the politicians until they and the press starts making waves.

[Franz]

I would love some more information regarding filing a medical malpractice suit. 

While on active duty in the Marines (1979), I was diagnosed with a disease that should have required me to have a non-waiverable medical discharge. I was never tested nor treated, nor did I receive the medical discharge.

Since that time, I enlisted in the Army Reserves, again nothing happened. 

Then I received a service connected disability based on this disease without proper testing. I also began treatments for the disease. Medication that poses additional health risks and one of these risks turned into reality, or at least, I have received multiple treatments for this side effect from the medication.

During all of this time I have never been properly tested by the VA as well, since 2013. One time, I was granted the proper test, but ended up having the actual test denied by the outside testing service. I have continued requesting the required test since that time.

I have just recently seen another outside doctor that stated that he does not believe that I have the disease that I was diagnosed with. I have also been told last year that I have another problem that has the exact same symptoms of the disease which they claimed that I have and treated. However, I was not informed about this ailment until two years after the doctors discovered it, or three years ago. It is caused from a birth defect that was discovered two years ago. However, I have only recently been treated for this condition towards the end of last year and none of these treatments work.

While it is a fact that I have the birth defect, verified by two separate tests, the complication that I am being treated for has still not been verified with proper testing, in spite of the fact that the head of cardiology has requested the test. The request has been denied.

Almost each and every time I go to the ER, both VA and civilian, it seems like I get a different diagnosis and treatment for the exact same symptoms. Once the VA cardiac has given me s stress test and failed to report the symptoms that I experienced right after testing, while waiting on the doctor to inform me of the test.

Because of this condition, I have been instructed to monitor two different health conditions. It has been over a year since I was instructed to do so. Even though this is still considered a SC condition, I have been denied the testing/monitoring device that I have been instructed that I need.

If the condition that is caused by my birth defect is correct, it may be a highly life threatening condition and it is being ignored by most of the doctors!

I need some serious help in both helping me to get a proper  VA disability rating and in filing a medical malpractice suit. I live in East Tennessee.

Thank you in advance for any and all help regarding this matter.

[Berta]

The VA will not service connect a congenital or defect unless it falls under this BVA explanation.

What is the % you get for this now?

It is possible VA could, upon a reopen of the older claim, with the new information, define this as a defect and even CUE themselves on the past rating.

Then again they diagnosed this as a non -defect/congenital condition when they rendered the award.

 

“Turning to the question of whether the Veteran's hydrocephalus is a congenital disease or defect, the August 2014 VA medical opinion determined the Veteran's hydrocephalus was congenital, due to a defect.  The Board notes that congenital or developmental defects are not 'diseases or injuries' within the meaning of applicable statutes and regulations.  38 C.F.R. § 3.303(c).  However, if during service a congenital or developmental defect is subject to a superimposed injury or disease which resulted in additional disability, service connection may be warranted.  VAOPGCPREC 82-90. 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files3/1527306.txt”

However it is possible that if this was a congenital defect but VA treated it, inappropriately , causing additional disability, then , like any other type of NSC disability,

I would think a veteran could file a Section 1151 claim on the negligence.

Your post is very vague.

A “disease” for VA purposes is far different from a “congenital defect”.

I suggest that you read all of the information here on FTCA and Section 1151 claims.

Obtain a copy of your VA and any private medical records and then get an IMO/IME from a non VA doctor who has expertise in the field of the condition you are concerned about….an independent doctor who has had experience with 1151  /FTCA issues.

Tell them you want to know if the VA malpracticed on you and what their diagnosis is.They can determine as well if you are still within the FTCA 2 year Statute of Limits.

FTCA/1151 claims need two key elements:

1.Documented proof of medical negligence/malpractice in the VA medical records and

2. documented medical proof of resulting disability (or death) directly due to the malpractice.

It might sound odd for me to say “documented medical proof” in the VA Medical records, but if they malpracticed on any vet, the proof will be found in those records….hidden well in some cases,  And very hard to interpret in older handwritten medical entries , but still it can be found.

If a IMO doctor supports the Section 1151 ( there are templates here for that available under a search,)

and a FTCA  case will be filed I strongly suggest getting a vet lawyer with FTCA experience to handle that.

There is considerable info in this forum on FTCA and Section 1151.

You mentioned a complication from the ‘defect’ treatment.

Complications can arise from inappropriate medical care but that is something a good IMO/IME doctor can determine.