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/

 

 

 

[Solo]

Surgeons are the hardest position to fill at the VA because they are paid less than an experienced private surgeons. You end up getting butchered by the lowest bid independent contractor. 

[Solo]

There are so many independent contractors working for the VA that they are also hiring independent contractors to do C&P exams and denying veterans their benefits. 

Edited October 16, 2018 by Solo

[Buck52]

11 hours ago, Solo said:

Surgeons are the hardest position to fill at the VA because they are paid less than an experienced private surgeons. You end up getting butchered by the lowest bid independent contractor. 

This may be true to a certain extent but even VA  Dr's have a Medicine Oath Promise to use to the best of their ability .

but this does put a hard ship on some or most Veterans that do not have a private premium  Insurance Package  to seek health care out side the VA.....>Like Me I can't afford the high cost of private premium insurance health coverage to include any type surgery  so I am stuck with the VA Health Care System.

So for I been pretty lucky only had  to have a appendectomy VA Dr's did when I was about 36 & large cyst removed off the back of my head age 49 VA Dr's Did that  and I'm still kicking..and in 2013 they did the enzyme injections in my right hand and broke the cords on my right hand that Duypentrens Contractions Causes...Although I don't have the grip I once had in that hand  but I'm still here.

If I had to have a severe surgery such as heart surgery or Back surgery  I have medicare and I would seek out the private Dr's too before using the VA.

Edited October 16, 2018 by Buck52

[Solo]

I receive SSDI and have Medicare also. I don't use the VA healthcare. I can see a specialist in their network without having to wait weeks or months for an approval. The free VA healthcare is not the best. I rather pay a little to get better care.

I experienced bad mental health services at the VA hospital. I filed a FTCA lawsuit pro se in Federal District Court. I don't use the VA healthcare anymore.

The VA hospital where I am is a training hospital. Every years they hire a new Resident and you have to explain everything again to the new Resident. The Residents are straight out of college and have no experience. 

[Berta]

Good for you Solo-I wish all veterans could get Medicare-

Thanks for that court link-

This is another case as well of the VA having no liability due to an independent contractor.

http://www.vawd.uscourts.gov/OPINIONS/WILSON/mcghee v. usa - amended.pdf

I thought the court's conclusion was bizarre:

“At the end of the day, under the contracts and in practice, the doctors had all of the hallmarks of independent contractors, and McGhee has marshaled nothing substantial to overcome that conclusion. III. For the foregoing reasons, the court will grant the government’s motion to dismiss McGhee’s claims founded on the actions of the two doctors under 12(b)(1). ENTER: March 6, 2014. ___________________________________ UNITED STATES DISTRICT JUDGE “

How is any vet supposed to know if their doctor is a real VA employee-Like Mr Tally said, his VA "doctor" had an office at the VAMC, , wore a white coat, and I think he mentioned she wore a lanyard - (sp) that identified her as working for the VA. The VA has no "hallmarks" for their independent contractors that I know of-

otherwise it would not have taken OGC 8 months to find out the doctor in Tally's case was not a VA employee. But for all I know maybe OGC knew sooner and  then  realised they had a small time frame in which  to piss away the Cal. SOL in.

 

[Solo]

It is always best to check with the State Medical Board. This VA webpage has a link to connect you to the State Medical Board. 

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

Edited October 16, 2018 by Solo