Best Course of Action: IG/VA/News Media/Lawyer/All?

[THusar]

-Mods, I'm not sure of the best place to put this question.  I apologize in advance.  Please feel free to locate it wherever is most appropriate.-

BLUF:  I may have Cancer and multiple people (VA and Contractors,) knew about it for the last 10 months but never notified me. 

 

I'm going to try and keep this as short as possible.  As usual there there is disagreement with a VA decision.  This resulted in a C/P exam late July 2018.  As part of this exam there were X-Rays taken of my left shoulder.  Because the C/P exam was done by a contractor (QTC,) it's very difficult to get access to the exam report and DBQ.

I immediately submitted a FOIA request for the information...nothing.  A few months later submitted another....nothing.  Finally, in January 2019 I submitted a third FOIA request and got notification that my request was received and I'd have the information in 3-6 weeks.  Records arrived in the mail on May 21st (18 weeks later.)

During my review of the information there was a note from a radiologist describing a lesion on a bone in my left arm.  Separately, on the DBQ Section XVI (Remarks,) the examiner wrote (quoting here,):    

"Critical Findings: There is a need for the claimant to follow up with their primary care provider regarding a life threatening finding in this examination.  However, the claimant has NOT been notified to do so.  The findings were described as:  + lesion , unknown etiology, left humerus, clinical correlation recommend with PCP."

I was never notified by the examiner or by anyone at the VA about a "life threatening finding."  Obviously this is somewhat concerning to me because medical professionals usually hedge their bets when it comes to the language they are using.  She didn't do so.  Which means that I could have some sort of bone cancer that was identified almost a year ago and only yesterday did I found out about it and only because I submitted a FOIA for my records.

This also means that one of a couple things happened:  1.  Someone(or multiple people) at the VA knew about this but didn't follow through with any sort of notification.  2.  There is no process for notification when this type of thing occurs.  3.  Nobody read the DBQ (either fully or partially,) so didn't have this information and simply denied my claim.

I have two questions I am hoping to have some answers or perspective on.  First, does anyone know of a notification process that is in place for this sort of thing? (i.e. Who has a duty to inform?  Contractor, VA, both?)  Second, where do I go from here so that we can try and fix this so that it never happens to anyone else.  It's likely that there are others who are dead or are going to die because notification wasn't given to them about an unexpected finding.  Potentially these are preventable deaths.  I may be one of them.  Depending on the type of Cancer (or even if it is Cancer,) 10 months is a long time.  If I didn't FOIA for my records I may never have found this information out.  This is somewhat disturbing to me.

**Also, for those who may wonder:  I'm already trying to get in with my regular Dr. to see what exactly is meant by a "life threatening finding."  I'm not afraid of Cancer.  I'm either going to grab it by the throat and kick it in the balls continuously until it decides to leave or it's already spread to the point where it's fatal and I'm going to die from it.  Either way, there's nothing to worry about.**

[ShrekTheTank]

Ok well if it were me I would go to the ER and have it looked at today.  That is just me, because a day or weeks could mean the difference in kicking it in the balls.  

I am not familiar with what to do with this, but I would almost say lawyer up on that crap!  Like I said I am not pro at this I am sure there are many more here who can help you more and give you better directions.  

You also need to file for this and it could be a presumptive condition or aggravated by a service connected condition.  I would do that before the end of the month (at least get it opened).  The ER will also give you a real time diagnosis of what it is and then you will have your evidence of your condition.  

[paulstrgn]

@THusar I agree go tot the emergency room, I would also call your doctor and tell him what the x-ray says. They can work you in! Do not wait!

I would also contact the White House VA Hotline at 855-948-2311, I would also contact your Senator and Congressman office and let them know what you found. I would also contact your VA Regional Office and let them know. Contact the contractor who performed the x-ray (QTC, LHI, VES) I am assuming it was one of these companies. I would ask them why they did not contact you about these findings.

 

[Berta]

"I have two questions I am hoping to have some answers or perspective on.  First, does anyone know of a notification process that is in place for this sort of thing? (i.e. Who has a duty to inform?  Contractor, VA, both?)"  

If you get a diagnosis of cancer ----

-and I fully Disagree with this:

"The ER will also give you a real time diagnosis of what it is and then you will have your evidence of your condition.  "

Go to a real onocologist- bring your VA meds recs as to what you posted here.

 

"Second, where do I go from here so that we can try and fix this so that it never happens to anyone else.  It's likely that there are others who are dead or are going to die because notification wasn't given to them about an unexpected finding.  Potentially these are preventable deaths.  I may be one of them.  Depending on the type of Cancer (or even if it is Cancer,) 10 months is a long time.  If I didn't FOIA for my records I may never have found this information out.  This is somewhat disturbing to me."

Hopefully Congressman Roe will introduce a bill I have on this issue-

"The Rodney F Simmons VA Malpractice Accountability Act."

My husband, USMC  combat Vietnam, also was a VAMC employee and was rushed to the VAMC ER one morning when he suddenly collapsed. Then he had a series of serious dizzy spells. Then he had a catastrohoic stroke, then he got another vets meds by mistake, in the mail and took them. Then he suddenly collapsed in our barn and I called the ambulanece as I gave him CPR. I knew within minutes, of doing CPR he had died....of a major heart attack.

When I received his medical records, I was able to prepare a FTCA case, and a Section 1151 case.

The VA settled with me for wrongful death-I could not find an IMO doctor or any lawyer who would help me so I did the medical/legal stuff myself.

Obviously a veteran ,age 47, with no past Hx of heart disease doea not drop dead overnight from heart disease.

I had to study neurology again (lost Army vet with brain tumor)nd Cardiiology- to the extent that two VA doctors -one from VA Strategic Health team at VA Central- agreed with all of my charges.

However the VA pulled a lot of BS on me and luckily I do not accept BS and I fight back.

You need to do a few things first-

1.You need to obtain all of your VA medical records.

Then you need to determine if any doctor who might have malpracticed on you, is an actual VA employee.

We have lost or 1151 and FTCA rights regarding the contractors.Those types of malpractice issues must be filed in a Federal District Court.

2.Check those doctors out at the VA Provider list here under a search.

3, check your state's Statute of Limits for malpractice claims. FTCA is usually 2 years but I am trying to help a vet in California, whose SOL-in my opinion, was deliberately stalled, so that even with the VA's admission of severe malpractice, he could not even file against the contractor in a Federal District Court.This is the case I have been able to make enough personal time to get involved in....because I know where the OGC's dirty underwear is found.I have a FOIA presently that should bring some interesting results-on that 

She is still treating veteran at Loma Linda-which has 449 contracted medical providers, and they all fall under the one year Cal. SOL/ It is an outrage-look up Brian Tally-this crap that happened to him and to other veterans should Never happen to any veteran and it must stop.

4.And by all means, this should really be # 1 in this list- get a real doctor to see if you do have cancer.

The VA misdiagnosed my husbands initial heart attack at the ER, as a sinus infection, they misdiagnosed his multiple TIAs (presursors to Stroke) as a hole in his eardrum- he didnt have a sinus condition, no hole in eardrum, and misdiagnosed his stroke as labyrhithitis- but it was a full blown stroke.Also the meds he was on were contraindicated.

This happened at the local VA here in NY and then another VAMC tried to cover up the local malpractice- but they failed.

Hopefully you do not have cancer- but still the notation indicates something was wrong----

the only neuro doc who actually gave my husband a proper diagnose- (whiich was crossed out but I figured out what it said) left the VA to private practice and gave me ( it took 8 months to find him) a brief IMO for another malpracticed issue claim I had ,as he remembered my husband and I sent him some of the Blood chem reports). His brief IMO had as much weight as my 2 IMOs from Dr. Bash.

That claim was years after the FTCA and was for undiagnosed, untreated Diabetes Mellitus from AO exposure in the Vietnam War.I could not file another 1151 for his death.  So this was filed as direct SC death.

I have never found any similar claim like that.I also was awarded AO IHD death.(direct SC and 1151) and malpracticed HBP contributing to his death.

If a real oncologist diagnoses you with cancer , you have the exact evidence you need for filing charges against the doctor (s) if they are VA employed doctors. You will still need an IME, but with the diagnosis, you know you have a good case....

I know nothing about Fed District Court malpractice filings-the VA ,by hiring contractors,who do not fall under FTCA, and 1151, has made it far more difficult for veterans to know how to do that- and they will need a lawyer to help them.

This is, in my opinion, because their malpractice stats are High enough but they also hide alot of them, (I have that evidence-so does Congress) and VA wants to get out of paying these settlements ,so it will look like the VA medical care system has improved,

as -if veterans cannot use FTCA or 1151, and a non VA employee malpractices on them, there will be far lower annual  public statistics of payouts for VA malpractice.... because they are few VA-employed  doctors left at many VAMCs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited May 24, 2019 by Berta

[ShrekTheTank]

I stand corrected. I would still get to a doctor sooner than later!  And yes see and oncologist if it is cancer!!!

[Berta]

Thanks for that-----all of my husband's problems started at numerous VA ER visits.

When he collapsed on the job, they did an EKG right away and he assumed it was OK, but he came home in a daze and had a 3 day off chit from his VA job.

When I read that ER cert and learned what the acronyms and symbols were, I immediately looked at the EKG and it said Abnormal -possible ischemic event-and they never followed up on it, even though the ER cert said r/o cad, twice. His diagnosis was sinus infection.One word on the cert also revealed it was a heart attack.

A word I never heard of before. Nehmer gave me a date of two months after this ER cert , as his EED for AO IHD. for 6 years retro,to date of death.

 

 

 

[broncovet]

You have 2 issues:

1.  Your health

2.  Your benefits as well as those that may ultimately go to your family (especially your spouse).  

    "Getting even" with VA should be no higher than your third priorities, after numbers 1 and 2, above.  

     The VA has made their intentions clear:  They dont give a rip about you and your health.  

      Now that you know that, you move on.  Many of us already knew that.  

      I agree with Berta in that your top priority is finding a real doctor.  Consider the Cleveland clinic, or Mayo clinic.  Ask for a referrel, but if the VA wont give you one, go anyway.  Spend the money to travel to one of these clinics.  You cant take it with you when you go.  

    I like your idea of "all of the above".  Basically you need an audience that can/will make a difference.  And, no one really knows which of these may work.  You really neeed to find a Veteran friendly sympathetic person in VA.  Try the white house hotline in addition to those you mentioned.