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VA Malpractice



I think sometimes I gripe too much here about the way my husband died ( due to VA health care).

Then I read something like this and feel I don’t gripe here enough-


This article is old news-  ( published May 2016)I just don’t have time this minute to find the latest tally on VA malpractice:

In Part:

“The number of legal settlements made by the Department of Veterans Affairs has more than tripled over the past five years largely due to a spike in medical malpractice cases and bungled construction projects, the Daily News has learned.

The yearly total payments skyrocketed to $338 million in 2015 from $98 million in 2011, according to Treasury Department data obtained via a Freedom of Information Act request.

The cases include multiple examples of blown diagnosis, botched procedures and substandard care, records show.”

A more recent case is here:

and here:

Settlement $750,000  due to stroke during VA surgery-

We had a new member here recently  with a very similar event and I gave him a lot of info but he has not returned.... yet

but maybe he didn't  like my advice-to get an IMO/IME.


What these malpractice figures do not account for is the amount of SC comp or DIC the VA pays out for malpractice.

1151 “as if SC” compensation is added to the total of all compensation in VA reports to Congress.

I helped a friend get 100% 1151 comp and he has had that for 20 years….a tidy sum.

I guess my point here is that many vets who feel their medical care is inappropriate, simply do not take the steps to find out whether it is or not.

It takes getting an independent medical opinion, and if any malpractice occurred and  is found to have caused significant other disabilities ( or death), there are plenty of lawyers on the internet who handle these types of cases filed against the VA.

Veterans who have gone to the Federal District Courts either after a FTCA denial or after a refusal of the VA’s offer,  have gotten more and even the VA itself has made very large payments:

Maybe the new Secretary will look into this issue. I have asked 3 Secretarys so far to do something about it, and the H VAC.

The doctors who killed my husband were removed from one VAMC and sent to another. In the last VA death incident I know of locally, one doctor simply quit.

If this doctor was charged under the NPDB mandate, for any settement with the survivors, there will be a public record of that and it will show up on a background check if they try to get another job as a physucian.

However, part of my gripes to Congress included the fact that OGC does not aways honor the NPDB mandate ( in my FTCA case  and other cases they didnt), so those doctors 

go on to practice on other VA patients and there is no way a background check would even reveal they committed malpractice during their VA employment.





Edited by Berta
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What I meant was that the VA Mission Act, set for POTUS signature, ( I posted info today in Claims Research on that)  could change everything-

but VA still has too much control over who will get private care...and it should be an option for every vet in the VA system.

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I believe in privatization too. I don't think there are many vets that want the VA healthcare. It would be nice to go where you want and somewhere blocks away from your home. The minimum 50 miles is a long distance to drive.

If we had private insurance through the VA, then we wouldn't need to purchase Medicare Part B. I have a Medicare Advantage Plan because I don't want to pay the penalty for not having medical insurance. Medicare doesn't accept VA healthcare as insurance coverage. 

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To those of you who read the FTCA/ 1151 forums here:

The Bill that  my OAWB complaint spurred is S 221-( I have contacted the senate sponsors to change the wording- it cannot stand as it is written)

I also want to mention the "Brian Tally  VA Medical Care and Liability Improvement Act"- H.R. 7105

The Tally case can be searched for here.

Also I am writing a bill that I hope my Congressman will propose in the House.

If you are a veteran or survivor whose has received a FTCA settelement from the VA, have you ever checked with your state's Data base of their diciplined doctors and other disciplined  VA health care providers, to see if the VA properly reported your settlement to the National Practitioners Data Bank?

State data bases list those doctors by name with a monetary charge amount.

If you are a guest that this would apply to, can you join and post the answer here?

You dont have to identify yourself.


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To update, I am asking Ranking Member Roe of the H VAC ,instead of my Congressman, to sponsor a Bill to amend both Title 38 USC, Section 1151 as well as Title 38, USC,Chapter 1, Part 4,, Title 38 USC, Section 1151 and Title 38 USC, 5701.

S 221, which appears to have been developed due to my OAWB case, contains the wording "certain health care employees" and the Tally Bill ( HR 7105) also contains the word "certain"before "health care contractors"and both are wrong the word should be ALL, as thus:

In part:

"Section 1.Short Title:

“This Act may be cited as the “Rodney F. Simmons VA Malpractice Accountability Act”


Section 2. Accountability of General Counsel of the VA, District Counsels of the VA , all VA Regional Offices, and all VA health care practitioners to include all who are VA employees and to also include all practitioners from contracting firms, who provide VA health care, at VA facilities and who are not VA employees.


To amend Title 38, United States Code, to ensure that all health care VA health care employees, and all contracted providers in the VA health care system ,are subject to the mandated agreement VA has with the National Practitioners Data Bank, referenced as Title 38, Chapter 1, Part 4,"

I have prepared 4 amendments - 2 under Title 38 USC 5701 ( under (c) 3 and (e) which applies to the public's right to know, under FOIA,  the actual statistics involving VA malpractice .


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