This could happen to you

[Berta]

This is a very unusual story-I am contacting his attorney because I dont know what kind of settlement he got- maybe he appealed the 1151 denial.

We had a widow here about a year ago, in the same predicament. She was trying to file for wrongful death of her husband but VA said the doctor was not a VA employee, but a private contractor-working for the VA.

When I FTCAed them I made sure that all of the doctors who malpracticed on my husband were definitely VA employees.

“Still, Brian was hopeful because he said the new VA attorney handling his tort claim told him that a financial settlement was likely - and that an expert for the VA concluded his primary care physician had failed the standard of care.

"She used these exact words - the VA failed to meet the standard of care and there was a breach - and that there's liability involved and the VA is looking to settle your case," Brian said.

But eight months after he filed the claim, that same VA attorney dropped a bombshell. It turns out that Brian's physician was NOT a VA employee - she's an independent contractor for the VA, and under federal law the VA is not legally responsible for negligence by its contractors.”

“Why did it take the VA eight months to figure out Brian's physician was a contractor and not a VA employee? The VA won't tell us. The VA and Brian's primary care doctor ignored repeated requests for an interview.”

“After months of fighting the VA, Brian did get a settlement with the help of Virginia attorney Glen Sturtevant.”

Shortly after Brian reluctantly agreed to the settlement, he received even more disturbing news from yet another VA medical evaluation performed by an outside, independent physician.

Dr. Arnold Kim wrote in his report that delays in Brian's diagnosis and surgery "allowed for further destruction of the spinal column." Kim refers to Brian's "permanent injury" and the "red flag" missed by healthcare providers at the VA.

He believes the injury to the spinal cord "also led to the veteran's current lumbar IVDS, erectile dysfunction and voiding dysfunction," and that earlier evaluation and treatment "would have likely prevented the majority of the disability from the lumbar spine injury."

“Brian traveled to Washington, D.C., in September to meet with lawmakers about his proposed "Tally Bill." It would force the VA to identify independent contractors to patients and require the VA to assume at least some responsibility for medical malpractice by its independent contractors. Congressman Dave Brat of Virginia has agreed to sponsor the bill and plans to introduce it to the House of Representatives in the very near future.”

https://abc7news.com/health/va-misdiagnoses-and-delays-nearly-kill-socal-veteran/4451312/

 

 

 

[Berta]

In the Tally case above, the OGC took 8 months to determine if the doctor was a VA employee- and found she was not- she was an independent contractor. In those 8 months Mr. Tally lost his right to file a civil action because the California malpractice SOL ( one year) had run out.

I  just found a list of what appears to be VA independent contractors-in mere seconds-

I only need some more proof that the term "licensed independent providers' is the same thing as "independent contractors" but I am 99% sure it is the same thng.

"Our Providers

The "Our Providers" online directory lists the primary licensed independent practice providers who may be a lead, ongoing member of your treatment team at the respective VA medical center. Providers in the following occupations are listed on this website: physicians, dentists, nurse practitioners, clinical nurse specialists, physician assistants, chiropractors, certified registered nurse anesthetists, optometrists, podiatrists, and psychologists.

By using this tool, you will be able to do a search of providers in the occupations listed above based upon your preferences and needs. For each provider, you will see the following: full name; gender; clinical product line to which they are "assigned"; where they received their medical training; and the school from which they received their medical degree. This information will be "refreshed" on a monthly basis. There may be staff who have been hired or who have departed the medical center since the last refresh of information.

For additional information on physicians, we also encourage you to use the "DocInfo" service offered by the Federation of State Medical Boards (FSMB) at http://www.docinfo.org. The FSMB website is updated monthly and is a public website to provide information related to any physician who is licensed in any US state, territory, or district."

https://www.va.gov/health/OurDoctors.asp

I put the local VAMC  here (Bath NY) into the search feature- 5 pages of doctors, nurses, optometrist, psyhologist- etc etc-

https://www.accesstocare.va.gov/ourproviders/Main/SearchResults#!#f=8&e=40&p=10&s=30&

Shocking- I wonder if the Bath VAMC has ANY VA employees in the health care field by now .

I am going to run this by Mr. Tally's attoprney

 

 

[Buck52]

if the VA has independent contractors that are & The courts ruled

'' asserting that it was immune from liability for the doctors’ actions because they were independent contractors, not VAMC employees, and it has not waived sovereign immunity for the actions of independent contractors.''

Why can't the Veteran sue the Dr Himself? and not the VA???

SOME ONE HAS THE BE RESPONSIBILITY.

[Berta]

Yes, they could still be sued....the doctor or maybe the contractor.

But the problem with that is, the negligent care was provided to the veteran, at a VAMC, thinking the care was from a VA employee.

What this means is that the VA has no accountability over who they hire as independent contractors.

Therefore they do not have to account for "VA" malpractice ,if it came from an independent contractor.

VA manipulates their stats, as it is ,on VA -caused and  proven malpractice.

If they replace all VA health providers with independent contractors they call tell Congress that VA has no malpractice problems at all.

This will take away the right vets have to file Section 1151 claims.

As with FTCA- 1151 claims have to be proven that a VA employee caused them harm, or death.

But maybe it does not even matter.

 

 

 

[Victor Ray]

On 10/11/2018 at 11:31 PM, pwrslm said:

this is insane

who'da thunk that the complexity of it all would be hidden so well that nobody would know who is liable for what

we submit ourselves through trust to the government because of our injuries serving this nation for this?

let alone to not allow us the right for due diligence if we were informed consumers

this should be a fight to the finish, the moral implications are huge

You are exactly right and Solo is on it. It took me all my life to realize many of these things being discussed here, now, and especially the magnitude of it all. My initial Agent Orange Registry Exam from when I filed in 1983, was missing much of the findings the doctor discussed with me, at the exam. I never received a single result of that exam. 

We discussed my lungs being all spotted and me having chronic lung conditions after Vietnam, even being rehospitalized months after Vietnam for lung problems at 19 years old and I knew it wasn’t from smoking. We discussed me still swelling up at times with hives, but suffered insomnia and an abnormal itching of the skin, with dots all over. He said it was Atopic Dermatitis and prescribed Benadryl which I have taken much of my life. He never mentioned Denny’s lines, or what it meant.

The only thing I got from this fee-based dermatologists exam was the VA’s denial letter for Eczema and Agent Orange Residuals citing “ Atopic Dermatitis with Generalized Pruritus “. No mention of any lung condition with spots and no mention of petechia in the denial letter. In the denial was the first time Denny’s lines was mentioned as well. Never saw the blood work results, x-rays of anything, and never received a single medical record after our requests. I have never gotten any medical records at all until 2015, and finally got “some” of the hospitalization records from Vietnam. The ones that were lost intransit from Vietnam 45 years earlier.

The VA has experts that all they do are study these cases and the end results to manipulate the outcome. It’s a game to them and they can’t lose no matter what. It’s not their money nor their problem and are rewarded no matter what. A win-win for the VA because they never answer for any wrong doing, no matter how purposeful or intentional. It’s dirty, the lawyers are dirty, the law is twisted, and suicides are up due to VA Law mishandling and white collar crime running the VA. They can NOT do the right thing. It’s not who they are. What do we do?

victor Ray

[Solo]

All medical doctors are independent licensed provider. It just mean that the don't work under someone elses license. The "our provider" are VA employee but providers are deleted or added so you won't know if they are VA employee.

Surviving a motion to dismiss or motion for summary judgment is very difficult. After surviving the motion, you still have to prepare your case for trial if you can't settle your case. That takes a bunch of paperwork and time. 

I am in FTCA hell with all this paperwork. I do not have an attorney and representing myself pro se. I won the motion to dismiss, but I have to go through the discovery phase and get the case ready for trial. If you are representing yourself in court, then the odd of you winning at trial is less than 1%. It is unheard of a pro se litigant winning against the VA in a FTCA case trail. I haven't even found a case. Most settle before it goes to trial which is what I plan on doing.

Edited April 16, 2019 by Solo

[Buck52]

Victor Ray

you might want to call into the hadit show tomorrow evening a retired senior rater will be on with Dr Bash & Ask Bill about your situation?

Dr Bash and Bill Creager will be our guest speakers, These 2 are very important cogs in the VA claims wheel. 

To call in and ask a question: dial 347 237 4819

To listen, http://www.blogtalkradio.com/haditcom/2018/10/18/hadit-podcast-featuring-guest-speakers-dr-bash-and-bill-creager