No After follow up care from VAMC question for Berta - FTCA Federal Tort Claims Action - VA Disability Community via Jump to content
VA Disability Community via

VA Disability Claims Articles

Ask Your VA Claims Question | Read the LatestSearch | Rules | View All Forums
VA Disability Articles | Chats and Other Events |  Donate  | Blogs | New Users

  • 27-year-anniversary-leaderboard.png


  • donate-be-a-hero.png

  • 0

No After follow up care from VAMC question for Berta



  • Elder

Is the VAMC responsible for treating a veteran spouse for major medical issues and then close all the speciality clinics and no follow up after care/Rehab...and now because of this  her health has deteriorated badly.

can the VA be held responsible?

With my spouse  its like the VA does treat her for a major medical issue but refuse the after care and rehab, they did this with her triple heart by pass  and her wound got infected after they sent her home  we went back to the VAMC and the surgeon that did her heart surgery was on the heart floor  he seen her and took her in a room with a nurse  the Dr had the nurse to go get a pair of scissors and he cut her wound open without proper preparations or in a clean environment and she was never given any antistatics for pain or anything  and  it was very painful for her, the Dr looked at me and said'' you better watch how I do this'' to me the Dr knew in his mind or was informed she would be turn away from the VA for later medical treatment in this particular case.

This is just one incident there are other medical incidents that the VA SHOULD BE HELD ACCOUNTABLE FOR.

We do understand the VAMC CITI program is closed now to all veterans spouses  but why did they treat my spouse and then turn her away for the After follow up care....this all happen when the VAMC was a Part of the CITI program.

Ms Berta  what is your opinion about his please?


We are seeking an  TORT or FTCA  Experienced VA Attorney for  a free Evaluation.

Link to comment
Share on other sites

Recommended Posts

  • 0

I thought the VAMCs were supposed to refer CITI pts elsewhere when they closed the program..

But still, if she is fully eligible for CHAMPVA ( she must have Medicare Part A and Part if she is 65 or older)

she can get the care she needs from just about any good provider as far as I know.

Not enough info here to even guess however ,if negligence occurred.

Negligence/malpractice has a documented trail,in the medical records .

It almost always  takes an IMO doctor to find it however, and sometimes the medical records reveal no negligence, or some, but not enough to cause additional disability.

When I proved wrongful death of my husband, I had no IMO and no lawyer, no internet as we know it now ,so I dont know who to recommend.... a cardio doctor would be needed for an IMO and an IMO can only rest on the medical evidence and whether the VA provided the proper standard of care, consistent with that of the "usual" medical community ( non VA community.)

But I do not recommend anyone filing FTCA or even 1151 without an IMO and you need a lawyer with FTCA as well,unless you have some legal background yourself.

If her records by now have been transferred to a different provider under CHAMPVA, they would know if the care had not been proper. But they also might not be willing to state that to the VA, so best to get a doctor with VA IMO experience for FTCA.




Link to comment
Share on other sites

  • 0
  • Elder

Thanks Ms berta

 yes I know its hard to prove malpractice suite and I'd never try to go it alone   this  could be  where the VA covered there butts   , and if so Yes it will be hard to file and win a suite against them, we have an experienced VA /FTCA attorney looking at it and  getting all her medical records, from VA at this time.

I been at private Hospital  since about noon today, my spouse is having congestive heart failure and is being treated for it, when I left  late tonight she was sleeping and they did get her  B.P. Down and her feet & legs was going back down from being swollen, I'll go back up there in AM...they are doing more I 'll probably have to put this on hold for a little while  or until the FTCA Attorney gets back to us  by email or phone..he is looking at the options she may have  if we go ahead and file a suite/claim against the VA.

I will be gone from hadit tomorrow.

Link to comment
Share on other sites

  • 0

Buck,I am sorry to hear the wife is hospitalized.

But once the lawyer gets her medical records, you will know more.

Yes malpractice is very hard to prove and Yes they can try to cover their butts.

Link to comment
Share on other sites

  • 0
  • Elder

Thank you Ms berta

Well she is doing a lot better  they put her on IV-Duratictics to help move the fluids from her heart & get the swelling down, she is suppose to get out today and the Hospital Referred her to a good experienced cardiologist.

 As the VA Never did  they closed the speciality clinics to her right after her heart surgery....they only said  to her the speciality clinics are closed to you  sorry...never offer her any advice or we assumed we had to get her private Dr's  which at that time put a big big burden on us we could not afford any private Insurance at that time...but she did use the Champva  for the 70% cost  we paid the other 25%   but it was sure a hardship on us.

she now has the Sellman Military & 100% DISABLED VETERANS private Insurance  for the 25%.

This is one of the things the Attorney is looking at...about how the VA just did open heart surgery on her and after  turned her away in the middle of treatment...they did her this way with the  seizure clinic, and Back clinics as well as the Pain clinic....just in the middle of treatment  get turned away like they did her   in my opinion I don't think thats right   but we'll see??   Talk about being thrown to the wolfs  eh!

Anyway My focus is her getting to feel better and hopefully get her to a good cardiologist .

At the moment we'll see what the Attorney tells us...We both know we may not have a leg to stand on but if more veterans & spouses got involved in something such as this  maybe the VA Won't do things like this.

Well I need to get off here and head up to the Hospital to see if they let her out today?


You take good care of yourself lady!


Edited by Buck52
of course=my spelling eh!
Link to comment
Share on other sites

  • 0

Buck, this article was done in part by the same reporter who called me last year:

Unfortunately there does not seem to be an actual breakdown of the Tort claims compared to the other settlements VA was forced to pay out.

Also there was news on the net that the H VAC Chairman was appalled by the malpractice stats, but I wrote to him about this matter years ago and why the stats do NOT even reveal the extend of all malpractice claims.

There are 2 main reasons for that, which I have mentioned here many times as well as to the House Vets Affairs Committee Chairman.

But I think more and more vets are becoming aware of their VA medical care, and getting copies of their medical records , and with that knowledge they can often see if something does not seem right at all.

I have seen only a few claims here under 1151 or FTCA that had a strong basis, but my opinion was always based on what the veteran told us or on what they attached here as evidence.

These claims need a thorough review by experts who understand all of the medical acronyms and blood chem reports etc etc...and if malpractice occurred it will be found in those records.In my case I found solid proof of a cover up by an additional VAMC of what a prior VAMC had done to my husband.

The VA will pull every trick in the book,if they can, and they sure tried to in my regard for my 1151 and FTCA case.

I mentioned I didnt have an IMO doctor , but that was for the FTCA and the original 1151 that my husband filed months before he died.

In 2003 I found an additional malpracticed disability and that is what Dr. Bash's IMOs for me ,were for.

I didn't file it as 1151 however, but as direct service connected death.

That claim was more difficult than the initial FTCA case but the evidence was overwhelming.

3 hours ago, Buck52 said:

This is one of the things the Attorney is looking at...about how the VA just did open heart surgery on her and after  turned her away in the middle of treatment...they did her this way with the  seizure clinic, and Back clinics as well as the Pain clinic....just in the middle of treatment  get turned away like they did her   in my opinion I don't think thats right   but we'll see??   Talk about being thrown to the wolfs  eh!

That almost sounds like my 1151 stroke claim. The VA misdiagnosed my husband's stroke for 3-4 weeks, as an inner ear infection.When they "fixed" the CT scan because I raised Hell,(it was never broke at all-they just didnt want to give him a CT or an MRI) I felt ,since he was getting shipped out from one VAMC to another, that the care at Syracuse VAMC would be better because they immediately diagnosed stroke when they read the CT scan.

What I never expected is how aggressively they covered up his prime disability, ischemic heart disease, that caused the stroke ,even in spite of their own EKG and ECHO and what gets me is that they (VA) knew by then for many years that he had heart disease but they never even told the veteran.

As I mentioned, without any IMO or lawyer I had to do all of the legal and medical work myself on this.

No internet as we have now and lots of running around to medical libraries and studying cardio ,neuro stuff.

It was and still is shocking to me that they almost got away with all of this malpractice.

He made me promise one day  to go after them if they killed him, but to me he seemed to be improving from the stroke.A few hours later he died of a sudden massive heart attack.The VA knew for 6 years ,per the med recs I supported my FTCA with, that he would definitely die from the IHD but never took any steps at all to properly diagnose and treat the IHD.They failed to properly assess and treat the stroke as well and never realized that he had diabetes either. 

I assume your lawyer has determined already that you are within the 2 year Statute of Limits.

Do not let the VA know you might file a claim under FTCA or 1151 until you get copies of every single VA medical record.

because that is when the records can start disappearing.



The malpracticed heart disease was service connected as well under Nehmer,in 2012.








Link to comment
Share on other sites

  • 0
  • Elder

Thank you Ms berta

I feel for those family's  I also think that when this happens a heart felt apology from the VA should be in oder to those family's

As for as our claim /suite were letting the Attorney handle it  he is checking on it now for us and what type of suite we can file?  it may not be a Malpractice suite  but more along the line of neglect/improper health care, if they don't treat you then no malpractice occurred.

My Major complaint is the way the VA just kicked her out after major medical treatment and during or in the middle of major medical treatment.  

so he is looking at what we can file a suite on?

We may not can do anything about any of this  but it sure don't hurt to try or see what can be done. 

Right now my spouse is home and doing better, so we thank God for her recovery.

Thank you for your information/links  & I bet your hubby would be very proud of you for fighting them and winning! you put in a many of late night research and gathering of records. lots and lots of work   and you prevailed. 

Again Ms berta Thank you for all you do and all your great informative post for all us Veterans out there.


Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...

Important Information

Guidelines and Terms of Use