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This could happen to you


Berta

Question

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/


 


 

 

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Buck.

That’s what I thought when I read that article of the Vet Getting $480K. They would have had to pay him ALL at the 2013 rate, from what I understand. 

I figure they have crapped on me for over 47 years already, screwed my dependents as well, lied about every decision they’ve made, used ignorant or corrupt nurses on exams (probably corrupt instead of ignorant, because no one is that ignorant, are they?), withheld all my medical Records, the evidence that proved a connection back to military service.

There is something they don’t want out to the public. They tried the syphilis thing until I showed them the Army’s tests proving negative, TWICE. I think Malaria is one possibility because every vet that with PTSD probably has brain diseases, tumors, occluded arteries etc. I have all of that, and they’ve known my case since 1971, and i’m Sure they knew about them as well. 

We must demand an autopsy done by independent doctors on every vvet with ptsd as they die, and have it published. I’m totally pro VA, but totally against liars in the VA. We all should be, but they do have their pets that take care of their business. 

I will bet you anything we have more suicides from Vietnam Vets than from all other wars in our history combined. I don’t have to tell you it’s because the vets can’t handle the deception, the truth being denied, and the corruption by supervisors, so I won’t . 

I don’t think the VA would offer a settlement, but I would consider one if it wasn’t an insulting offer, but considering the past treatment, I doubt that would happen. Wouldn’t it be nice to sit down with an honest VA representative? If not, then one with a seriously honest offer. It’s hard to believe they would make either happen, or they would have already. The VA has never offered me anything except misery, pain, and deception, unless they were forced or knew they could shaft me a little longer by percentages from time to time.

They have made people do things they hate to do, in order to keep their jobs, and I hate to sound so negative about them, but they’ve ruined me with their corrupted supervisor punk law defying self righteous moron raters and examiners, and different department heads destroying evidence, lying about evidence, hiding evidence, and killing veterans. When you know every word they write to you is a lie, it’s hard to have any respect at all. 

I’m sure they are reading every word of this, so they can call me or not. I don’t care either way. They’ve done killed me too many times.

victor

 

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On 10/16/2018 at 1:14 PM, Solo said:

This VA webpage has a link to connect you to the State Medical Board. 

https://www.accesstocare.va.gov/ourproviders/

@Solo

Interesting, the page I was presented only shows a search by state and va facility for VA employed doctors, nurses, etc. The name I looked up is not in their employee list and there is no external link to the Washington State Dept of Health to look up the providers credentials.

What I did find out was in the Blue Button Report I have downloaded, if I search it for their name, I find their full name, degrees and certs in their electronic signature, and TADA!!! the name of the service they work for, which is NOT the VA but a company the VA has contracted to run area satellite clinics.

With her full name, which is fairly common, and her certifications I was able to search the Dept of Health and get her license number.

She is a Advanced Licensed Nurse Practitioner, and  as such I am betting she has to have her own malpractice coverage or her employer, Valor HealthCare (the clinic operator), provides it.

I'd love to sue her for being an obnoxious ass who has the bedside manner of a rusty Brrillo pad, but sadly I cannot.

Otherwise this thread has been very informative and scary at the same time. I think from now on, every one of the people they send me to will get a request for their employment/contract status and license number as well as malpractice insurance providers name and number. I am sure this will make some of them unhappy but I don't care.

For example I have an appointment with an Occular-Plastic Surgeon to remove some growths on and around my eyes. If she damages my vision you can bet darn skippy I will be going after her Malpractice insurance. If this thread had not popped up I would have blindly (yeah the pun is not intended) believed she would be covered under the VA and FTCA.

Thanks for the info, though I suspect you had to learn all this the hard way which is sad on many levels.

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On 10/18/2018 at 12:32 AM, Solo said:

fee-based dermatologist exam from the V

@Solo

Can you explain the context of that? are you talking about some specific exam or dermatologist exams in detail? do you mean C&P exams or do you mean dermatologist appointments at the VA? who is paying this "fee"?

I am supposed to have a referral to a Dermatologist for treatment and diagnosis of some skin issues. I am 100% P&T and I am not paying for squat that the VA is supposed to cover.

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The VA uses fee-based physicians and are paid by the VA. I had a fee-based physician in the emergency department do a physical exam. He was an independent contractor. My lawsuit is against the emergency department attending physician and not the fee-based emergency department physician. The emergency department attending physician is not mentioned on the Blue Button health data, so I had to sue according to their title. Then I can use discovery phase of the lawsuit to ask for their name. Filing a SF-95 with the VA Office of the Chief Counsel can be tricky.

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1 minute ago, Solo said:

The VA uses fee-based physicians and are paid by the VA

your use of the phrase "fee-based physicians" is the part of your post that creates confusion. Simply call them contractors covers that whole situation.

 I am being nosy here, and I am sorry if you already said this, but why do you think you can sue the attending instead of the contractor? or is it just an attempt to stay inside the VA area of accountability?

.

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