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Malpractice- Veterans-FTCA- 1151


Berta

Question

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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Let me try this again.

I was on the track team in High School

In 1978 I enlisted in the Marine Corps
In 1979 I was diagnosed with Sinusitis and Exercise Induced Asthma after doing PT, I was never tested for it nor was I treated. I did receive a single treatment for my sinuses
Until I was Honorably discharged in 1982, even though having been reassigned to different duty stations, I was never tested for EIA  
(Jump Forward: I was informed by my first Rating Officer that it was military regulations that required anyone with EIA to receive a Medical Discharge and that this regulation was non-waiverable)

I then enlisted in the Army Reserves and they had full access to my full military records.

Since 1979, I have been treating my EIA symptoms by avoiding my trigger (avoiding Exercise), which is the standard medical advice given to people with Asthma.

I started going to the VA for my medical care since about 2011 or 2012 and received my ratings for Asthma in 2013. Even though I have been tested for regular Asthma only, I never received any testing as required for EIA and the chest pains that I had.

During the course of my treatments for Asthma, I receive a number of different medications and none of them were able to help will all of my EIA symptoms, primarily the chest pain. Likewise, with slight physical exertion of normal everyday activities would cause breathing difficulties of not being able to get enough O2 even while I receive good Peak Flow Meter readings.

I have spent numerous times at the VA ER for chest pain that "Baffled" the Cardiac team, including the head of Cardiac.

I received all the regular tests in order to check my heart against heart attacks.

Early on, I received a chemical induced stress test, two heart caths and a treadmill stress test.

Recently, I discovered that Cardiology stated in my medical records that I had all the symptoms of Unstable Angina, this entry was made back in 2013.

It took until 2015 before I was informed of Unstable Angina and the Head of Cardiology informed me that most normal heart tests do not reveal Unstable Angina and put in a request for a special test which ended getting denied. Instead, I was given medication to reduce my chances for chest pain. It helped lessen the occurrence for a short time. Then I was given an additional medication to help manage the chest pain.

This new medication reduced my diastolic blood pressure to the point that I blacked out while driving home from church. (To this date, I greatly restrict my driving alone and totally restrict my driving long distances without another driver with me.) By the time I was at the VA ER, they said that my blood pressure was high and did not believe my low readings.

Later, I submitted several days with low diastolic readings with symptoms of low blood pressure. The most common symptom was extreme fatigue and the inability to think totally focused, I had to force myself to focus and it still felt like I was in a cloud and it affected my speech.

Back to the EIA, I received several different inhalers and breathing treatment. One time at the ER, I was asked by the pulmonary technician if I was breathing while he was listening to my lungs.

Back in late 2014 or early 2015 I was given Symbicort for my EIA treatments to help treat my chest pain, (I said the medications that I was currently on did not help with all my EIA symptoms.)

To my knowledge, I have never been tested for Low Bone Density as required both by the source that makes the medicine and the warning papers that Pharmacy provided at the time they first gave me the medication. 

I also never was tested for Low Bone Density during the entire time that I have taken the medication. In spite that both those source require regular examinations for Low Bone Density.

2014 or 1015 I was given an appointment with the VA Allergist and nothing was discovered even though I told him that my Asthma medications did not do anything for my chest pain.

Late 2015 or early 2016 I was given another Allergist through the Choice Program. This time, I was given more than the simple blood test that the VA Allergist used. It was discovered that I have a slight sensitivity (reaction) to ragweed, I was also informed that my Asthma was Not Allery based and that my chest has nothing to do Asthma.

During my two Heart Caths, it was discovered that I have myocardial bridging of the lad. Since I never had symptoms before joining the Marines, the intense physical requirements complicated the myocardial bridging.

Both EIA and Unstable Angina are potentially extremely deadly.

By failing to diagnose my actual condition, my life has been placed at risk. This poor medical practice is compounded by the side effect that I received from Symbicort, which is Osteoporosis, or they gave me medications for something that I do not have as a preventative for using Symbicort without ever testing me. 

Either way, there have been several acts of malpractice and failure to follow medical procedure. 

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"It took until 2015 before I was informed of Unstable Angina and the Head of Cardiology informed me that most normal heart tests do not reveal Unstable Angina and put in a request for a special test which ended getting denied. Instead, I was given medication to reduce my chances for chest pain. It helped lessen the occurrence for a short time. Then I was given an additional medication to help manage the chest pain."

You have two years from the date in 2015 to file FTCA against them, to be within the Statute of Limits.

There is no deadline for Section 1151 claims. I filed both in 1995.

"This new medication reduced my diastolic blood pressure to the point that I blacked out while driving home from church. (To this date, I greatly restrict my driving alone and totally restrict my driving long distances without another driver with me.) By the time I was at the VA ER, they said that my blood pressure was high and did not believe my low readings." Obviously it was the wrong med at that time.

Did they correct this med to something else?

What was the 'special test' called and what do you mean 'it was '"denied"?

"By failing to diagnose my actual condition, my life has been placed at risk. This poor medical practice is compounded by the side effect that I received from Symbicort, which is Osteoporosis, or they gave me medications for something that I do not have as a preventative for using Symbicort without ever testing me."

Do you actually have osteoporosis?

I get a bone scan for osteoporosis every 5 years. Is this the test they gave you to diagnose osteoporosis?

I cant see how they could diagnose it without a bone density scan.

A simple procedure, you lay on a low 'bed', your feet are set into something to hold them without movement, and an sophisticated type of X ray moves up and down your body. It takes about 3 minutes and shows up on the scan PC immediately. The detailed results should be in your med recs if they did one.

"Either way, there have been several acts of malpractice and failure to follow medical procedure".

Something does seem wrong here but I am not a doctor

 

Malpractice/ negligence  is best determined by an independent medical doctor, who can do a complete review of all of your medical records...one who is a specialist in the field of these disabilities. You might need a cardio IMO as well as one regarding the EIA.

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

Many of us here have had to obtain IM0s and they are critical for FTCA/1151 issues.

They can be very costly but, if you read through this forum, you will see how difficult it is to succeed without them.

With a strong IMO, you can obtain a FTCA lawyer.However there is no requirement that you get a lawyer for FTCA.

 

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