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No After follow up care from VAMC question for Berta


Buck52

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  • HadIt.com 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''...so 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?

...........Buck

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

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"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. "

I don.t understand what that means. Negligence/malpractice are basically the same thing.

The standard for FTCA and 1151 claims is whether the VA provided the same type of care that the "usual and standard" non   VA medical community would have provided.

A FTCA claim is not a lawsuit against VA...lots happens before anyone has the right to sue the VA. It is however the first step for whose who have formally sued VA.

 

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Buck, I am so sorry to hear what happened to your wife, I am praying for a speedy recovery for her and hope that you find a great attorney to help you with the case!

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If anyone is interested, this link explains better the point I was trying to make , on page 3 ,I think, regarding the scope of FTCA:

http://www.tullylegal.com/forms/Guide_to_Suing_the_Department_of_Veterans_Affairs.pdf

Many FTCA claims are settled with VA and no formal  lawsuit ever occurs. Some of the medical settlements listed in the pdf are probably against the VA (you settle with the US ) but some could be settlements against the USPS or any other branch of the gov.

 

 

 

 

 

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  • HadIt.com Elder

Thank you flores97  I appreciate that.

Ms berta  yes I too was thinking malpractice & neglect is the same.

Its not so much the claim /suite  for compensation  its the demeanor as to how they handle the situation.

  I mean right in the middle of serious treatment  after they did the surgeries( Heart & Back) they turned her down eh!

...she had  a bad seizure one time  the ambulance took her to the VA and VA treated her for that  and once again no after care, prescribe pills  and Once she went back to her VA Appointment  they told her  sorry the speciality clinics are closed to all spouse with chapter 35   recieved from their hubbys being 100%S.C. during the time this particular VAMC was participating in the CITI Program

I can see it if a new person comes in for major health care and they tell that person that the VAMC does not accept new patients at this time  due to whatever...ect,,,ect,,to seek care else where!

I could be wrong in this way of thinking but I feel they should have went through with the after care because they are the healthcare provider for such medical care &they are the ones that performed the medical services, and to be told the speciality clinics are closed in the middle of being treated  well there's just no excuse for that..in my opinion.

I truly believe that her not having any after care or follow up  from the VA is the reason her health is in the state its in& THE HARDSHIP IT PUT US BOTH THROUGH.

something needs to be done about a lot of things with the VA, Especiality the Veterans  the poor veterans get the shaft everyday.

Lives is not to be fooled around with.  I don't care who it is.

but when they do do major health care and then kick that person out with no after care  is  no way for the US Goverment to treat anyone

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Yes...in the FTCA forum here I mention "omissions of acts" many times.

Those "omissions of acts"  such as providing follow up care can become malpractice/negligence just as "acts" of documented care can be as well.

 

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  • HadIt.com Elder

I was reading the link above about the 2 year limitations  they do have a provision for that   that being if the malpractice/neglect continues to occur, usually theres is a 2 year limit  but with certain provisions  that can be over come.

I am interested in what the attorney says....and  the VA ha 6 months to respond to the claim/suit.

We have not filled a suite yet..waiting to see if the attorney thinks we can or should.....were lucky no deaths have occured,  but who's to say that could not happen   when you get kicked out of the VA Speciality clinics  when is the middle of treatment. 

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