Anyone used the Arkansas VA over the past few years

[Berta]

That is how I see it too- John-but also it might become the SOL beginning.

I am going to try to make a data base of all lawyers in Arkansas who are able to handle malpractice claims-

And I might email a few to see if they would consider that letter as the beginning SOL-

This malpractice lawyer gives Excellent advice in this article:

https://law.freeadvice.com/malpractice_law/hospital_malpractice/va-medical-malpractice-statutes-of-limitation.htm

"In Part:

Joe Callahan, a Virginia attorney and retired naval officer who represents injured veterans and military dependants in medical malpractice claims against the Veterans’ Administration, provided us with the following information on how the statute of limitations works in VA cases, “The statute of limitations under the Federal Tort Claims Act (FTCA) requires that the administrative claim must be received by the Department of Veterans Affairs no later than two years following the date of the injury, or in some cases, two years after a ‘reasonable person’ should have become aware of the injury. That ‘reasonable person’ standard is a very strict one.”

“It does not mean the date when the veteran is advised by a lawyer or even another doctor that he or she suffered an act of malpractice. It means the date when a person who goes in for medical care and comes out with a bad outcome, or without relief for their symptoms, should reasonably start questioning whether they have received appropriate medical care.” Callahan provided the following example:

For example, let’s say a veteran goes into the hospital to have his tonsils removed. He comes out a week later unable to speak. Before discharge, his VA doctor tells him, “This happens from time to time; don’t worry, your voice will come back eventually.” In this case, the law requires the veteran to start thinking about whether he has a claim just as soon as a ‘reasonable person’ might suspect that they MAY have been the victim of malpractice.

Now, if an ear/nose/throat doctor tells the veteran 25 months later, “Gee, your doctor misled you, that should never have happened,” it may very well be too late to start thinking about filing a Federal Tort Claim.

Better to Act Sooner Than Later"

The Article has more advice as well-------

we have had a few vets here over the years with bonafide malpractice claims- in my opinion, based on what they told us and were willing to download info from VA in some cases......but they did nothing----

On the other hand many vets who think they have a mal;practice issue- might have nothing at all in that regard.

The VA saves lives everyday- but this news has sickened me-----it appears this doctor was negligent for over a decade at VA, yet no one filed a FTCA against him ( or they did and it was settled without the VA following the NPDB mandate-so that he could keep his job)

I consider him to be almost a serial killer----VA says they have found 7 misdiagnoses or "failure to diagnose" already under his purvue...but I bet there will be more.

the VA had one of them here in NY many years ago.

I am still angry that the many doctors who killed my husband did not get reported to the NPDB.

One was ordered to get more medical education, but the others just went on to other VAMCs.

An SF 95 should be prepared by a lawyer.

I had no lawyer or even any IMOs when I FTCAed them.

Somewhere here is a template advising how to fill out the SF95 that I used.

If the "independent" findings show malpractice in some of these cases- they would not even need a lawyer in my opinion.

And sure might not even need an IMO/IME.

We can help them file the claim right here in that case.

But I do not really  trust the VA to find " independent " pathologists. Someone has to pay them.

 

 

 

 

[Berta]

Buck, Stretch and John and Jerrel and I discussed 1151 in general many times on the radio show and in emails etc----I wonder if he had filed a claim in his lifetime- but maybe not...... 

"even if the 2 year limitation has passed , because of this letter will help her tremendously. 

SHE SHOULD BE ABLE TO FILE A MOTION TO THE COURTS TO BE REINSTATED."

No that is incorrect- Once the SOL runs out that is the end of any FTCA situation with VA. However 1151 claims do not have a deadline.

So far I have found 8 malpractice lawyers in or near Fayetteville.  There are more in NC.

Another correction Fayetteville VAMC is in North Carolina-and in Visn # 6.

 I dont know what Arkansas has to do with it:

Fayetteville VA Medical Center

2300 Ramsey Street
Fayetteville, NC 28301
910-488-2120 | 800-771-6106

 

[Buck52]

Well I meant the 1151 if she files?

Also if this is proven to be a negligence on the part of a federal employee & cause harm or death to another person then the limitation is waived after 2 years  as I understand it, but I am no attorney  so if it was me filing I'd find me an attorney with experience in filing 1151 Claims. 

If not there are provisions that accept ''over'' the 2 year limitation statute.

Yes I have listen to the radio show many many time with You and John and Jerrel I just could't call into the show because  of my bad hearing.

 

http://www.joegriffith.com/THE FEDERAL TORT CLAIMS ACT 7-29-08 ds.pdf

[Buck52]

maybe john meant

Arkansas State Veterans Home at Fayetteville

1179 North College Avenue

Fayetteville Ark?

[Berta]

or maybe he means:

Veterans Health Care System of the Ozarks

1100 North College Avenue
Fayetteville, AR 72703

Mike lived in Arkansas.

I have no idea Buck- but one thing is for sure-this has really hit the internet-

I dont have time to post the new articles on the net- some have the amount of vets up to 30,000 and one newspaper revealed they had problems with this same doctor before-there is a call # for concerned veterans:-

1-866-388-5428- I called it and the phone rang 30 times- no answer-

They are probaby scurrying around to CTAs.

This is part of one recent news report- it is quoted from Kelvin Parks, interim director of the facility's medical center," provided a timeline of events, starting with the hiring of the pathologist, whom he declined to identify, back in 2005. "

In part:

 “On October 13, 2017, one year later, this same VHCSO employee was reported to leadership regarding reports of possible impairment.” The physican was assessed by the VA's Internal Employee Health division, Parks says, deemed unsafe to work and was terminated.  An internal review involving over 900 patient cases revealed nine misdiagnoses. Those findings have triggered a larger investigation, Parks says, requiring a team of 30 independent pathologists, some VA-employed, some civilian, to review all tissue biopsies, medical record interpretions and diagnoses made by the impaired pathologist from October of 2005 to October 2017, a total of 19,794 cases. Of those cases,  5,250 veterans are now deceased. Only one death so far is possibly linked and is under investigation. Official letters are being issued this week to all affected patients and their families, Parks says. Once the independent review is complete, flagged cases will immediately be followed up.  

He adds: 

“We’re treating this like a national disaster," Parks says, his voice quavering.  "I still have to run the hospital so we’ve called in additional resources to help us through this.”  

And

"5,250 veterans are now deceased. Only one death so far is possibly linked and is under investigation." Probably Mike Sasser.

He gave 19, 794 as the total of vets who are getting these letters.

http://arkansaspublicmedia.org/post/fayetteville-veteran-diagnostic-physician-found-impaired-federal-investigation-triggered

 I cannot imagine the anxiety and fear that this will cause any one of the vets who gets that letter-this is going to get worse!

 

"Since 1935 the Veterans Health Care System of the Ozarks (VHSO) has been providing high quality care for our nation’s Veterans. We serve Veterans living in and visiting 23 counties in northwest Arkansas, southwest Missouri and eastern Oklahoma. Services include primary care, mental health care, specialty care, women’s clinic, pharmacy, social work, surgery, and nutrition services. Learn more about our services.

In addition to the medical center in Fayetteville, Arkansas, VHSO also has Community Based Outpatient Clinics (CBOCs) in -

• Fort Smith, Arkansas 
• Harrison, Arkansas 
• Ozark, Arkansas 
• Branson, Missouri 
• Mount Vernon, Missouri 
• Jay, Oklahoma "
• https://www.fayettevillear.va.gov/about/index.asp
•  

[jbasser]

Little Rock VA does the Pathology for patients at Fayetteville.

Not North Carolina. 

 

J