Va police assault and battery in Emergency room

[AprilNC]

Long story short if possible , took husband to VA ER for his ptsd his Dr called and said a bed had cleared and to bring him the ER was aware and a certificate of need was already in place. At one point I was made to leave him ( never before have I ever been told I couldn't be with him in ER)

when they let me back in I was informed a va police officer had slapped him across the face bloodying his nose. When I asked about filing a complaint I received the run around for about 10 days . In the mean time this officer issued John 4 federal citations including assault on an officer. I filed a complaint with OIG witness statements prove my husband never even made a move to touch this guy and so the federal prosecutor dropped the tickets except he required John to take a disorderly conduct ticket. So I have in my possession all the signed eyewitness statements that this cop slapped a man who was there for help , assaulted and battered a patient who was already committed then tried to cover it up by writing a pile of tickets. I also have the video footage from the ER showing my husband didn't move to touch this man nor ever touch him. The officers statements change once his hand was in his face , the second interview says he poked him in the chest and stomach neither happened ... I have 6 witness statements .... now how do I go about handling this? It aggravates his ptsd so badly the day we went to court I had to give him 2 extra doses of a very powerful antipsychotic drug... we've lost sleep and some times getting him to go to his va appts isn't that easy since joe he doesn't feel safe there..... suggestions welcome  

[Berta]

AprilNC said :

 I'm not certain we will file a section 1151 as of yet , he was rated 50% when this happened , he had a new C&P exam in Feb and they increased him to 70% for the PTSD

So this tells me they might compensated him already under Section 1151, or this means he was 50% already...???

In any event, as bad as the slap incident was, we dont know why this veteran is having seizures.

Also this is Very concerning.

He was so over medicated 4 yrs ago that I loaded him up and took him to a different VA and told them hey he's drugged and it's not helping he's actually worse and the psych he had before wasn't hearing him when he said the klonopin jacks me up...she just upped the dose. All the drugs he's on together state they can cause suppress the central nervous system. I mentioned this to his Dr. and he said thats why we are tappering down hoping to try another drug. He's allergic to everything. he was in ICU  on life support before because one MH med caused seratonin syndrome and almost killed him.

His complete VA medical records can be obtained from the VAMC that treats him, as Broncovet said.

They will take time to get but, in my opinion, the malpractice-if any-might well be found in those medical records.

That would take an Independent Medical Opinion (and/or independent Exam) which could be costly but from what I see here ,his VA care appears to have been substandard.

The IMO/IME doctor would have to follow the IMO criteria here at hadit and give a full medical rationale for any negligence or malpractice he/she finds in the documented medical records.

This is often an expensive endeavor but

If the medical records do not reveal malpractice, then , for the IMO cost, you would have Peace of Mind.

 

 

[Berta]

PS -I worked as a VA Volunteer, and also was married to a 100% SC PTSD vet, with 1151 brain damage.

I was voted in to a  PTSD Combat Vet Rap group.

I see no point in thinking the police officer should be fired.

VA called the cops on me once because I had a little skirmish with the Director.

There were 2 or 3 of them waiting for me  to leave his office- I guess his secretary had called them.

The VAMC had deemed me as a trouble maker because I had just found out they killed my husband.

I am 5ft 2 and was about 125 pounds and the cops seemed shocked when I calmly walked out of the office...I guess they expected  someone bigger and more aggressive.

it was just a minor incident that got my the Dir's attention and he listened to my situation.....and actually 2 years later helped resolve my malpractice case.

but I said to the cops,  if you are going to arrest me, my first phone call will be to the Corning Leader Newspaper.

I had already called my Congressman at this VAMC 3 times and he had reacted very quickly each time, particularly when they refused to admit my husband ,waiting for the VA Day Treatment Van to bring him home,who had threatened to kill me, when he got here , while in a flashback state.... they admitted him immediately ,when the Congressman called the Director.

VA police have had a difficult job ever since 9-11 and have to do what they feel they need to do, to prevent situations from escalating.

Just like us PTSD spouses often have to do.....

 

 

 

 

[AprilNC]

Buck52 , I'm not letting go of this va cop he's done this crap before our attorney told me johns not this guys first victim. John worked with this man for 4 yrs and made several verbal complaints and one written complaint against him for the way he treated the veterans that were in the homeless or sudp programs. This was his chance to get even. And I'm looking for a good attorney the federal defender walked me out of the courthouse and said now get a good civil and go after them.  If John had actually been aggressive or had a history of violent or disruptive behavior that would be different. This guy has targeted more than one fellow veteran , yes he's an army vet and no doubt has issues. One of the witness statements refers to incidents like this oh they happen all

the time we just don't talk about it. 

 

    I'll get a copy of John medical records ever since September I've been keeping everything. 

Berta,

john was 50% ptsd 10% tinnitus since 2011, filed an appeal in 2011 and nothing was done his attorney imo was dragging his feet. His mental health records read like a text book how gaf scores from 2007-2011 were consistantly 24-40 never higher than 40... how he maintained the facade of a normal life is mind  boggling. He finally admitted to me he's battled this since 1985.... he was in Beirut with the marines that died in that barracks bombing.  I pushed for the new c&p exam. And they granted him the 70% formthe ptsd . How do I check and see if he's eligible for the temp 100% for all that time he was hospitalized in September ? 

Lol your description reminds me of my mother same statue and I've got a feeling same ball of fire. 

How do I locate an attorney I've called several most only do medical malpractice . I've called the state bar and they gave me numbers . I've called and spoke with one receptionist and left several messages.  It's a little frustrating. 

 

Edited May 1, 2017 by AprilNC

[Buck52]

Ms berta  its just flat out wrong for a VA Cop to hit a Veteran like that, a PTSD Veteran or not makes no difference, there's a difference in defending your self physically , than  vs a veteran just being verbal however(especially a PTSD Vet)

The cops are suppose to be trained in this type situation, as I see it the cop got made because the veteran was probably being verbal and maybe un-cooperative, so he knock the fire out of him and made his nose bleed.

 There's no excuse for it what so ever  in my opinion and a cop Like that should not be a VA Cop.

[AprilNC]

I'll edit the witness statement that outlines the entire scene so that names aren't visible  and post it.

[Buck52]

ApriNC

 get all his medical records and request his MH Dr to fill out a PTSD  DBQ, Also may get an IMO from a private MH Doc exam read his ptsd records and give his opinion or  rather or not his PTSD as worsen in severity. & Request his C-File or if he has it  go over it carefully about his PTSD Rating

File FDC Increase and request the IU. He l need to file the VA IU Fast letter. (or check with his VSO)

get as much medical evidence as you can in  reference to his PTSD  and work records like SSA time worked and time he has not worked due to his S.C Disability...Even apply for SSDI

Also he may Request  to get in Voc - Rehab To see if they can find him any type Job to make more than 14.000 year including  sedentary work (witch he can't) The Voc Rehab can write him a letter stating its unfeasible to retain this veteran b/c of his S.C. Disability's

There's probably some more things to submit but this will get you guys in the right direction.

other members with more expertise   will chime in

Edited May 1, 2017 by Buck52