dental/extraction(s)

[Berta]

https://community.hadit.com/forum/125-1151-claims/

https://community.hadit.com/forum/83-ftca-federal-tort-claims-action/

These are the two forums here regarding VA Negligence /malpractice.

I am a successful FTCAer and 1151er- and I feel your only recourse would be under 1151---

I did a generic search at the BVA web site and found 

There are 1,309 BVA decisions regarding dental issues and Section 1151 ( negligence claims)since 1992. However each decisions is unique and does not imply that the 1151 claim involved dental procedures in every case.

https://www.index.va.gov/search/va/bva_search.jsp?QT=1151&EW=dental&AT=granted&ET=&RPP=10&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

A FTCA/and/or Section 1151 claimant ( the regulations are in those links here)

must prove that the care they received for their disability was not "comparable "with the type of care that would have been given in the " standard and usual" medical community."

The quoted words are from my claims, under FTCA and Section 1151, 38 USC.

The quotes go for all types of claimed negligence issues with VA. In my case, the care was so substandard , (and even included evidence of an attempted VA cover up that I proved) that it resulted in my husband's death.

You would need a strong independent medical opinion from a dentist ,that reveals, from your VA medical records, with a full medical rationale- that your VA dental treatment was not comparable to that of  the " standard and usual community "of dentists and that this resulted in your additional disability of .....whatever that would be.

If that disability, caused by substandard care is not ratable ,even at 10% there would be no monetary award for the negligence.

[Berta]

Just to add---- it might help someone..my husband;'s VA dental records were  a small part of my evidence for his DMII from AO, as the dentist noted in the record something unusual, as his dental situation was always Very good but I looked up what the odd notation was, and it was evidence of my husband's undiagnosed and untreated Diabetes Mellitus.

The claim was filed under direct SC death and  awarded for direct SC death, in addition to the past malpractice awards.

 

[Buck52]

I had a lot of problems with my Dental VA Clinic  I got outside care  because I told the Hospital Director I was getting bad care and also unsanitary care  and  one  that fitted me for partials  ask me f they fit ok and I said no they don't they are uncomfortable/hurt  she supposedly  adjusted them a few times but they felt the same  every time.  & when you see a dentist pick up a waist basket  with those gloves on they use and also reach over to the computer and type something and handel things pick up stuff off the floor  ect,,,ect,, and never change gloves and reach into your mouth   that don't sit to well with me.

I went around with this for over 2  Years  and I used this clinic for the last 18 years   anyway What pissed me off and was the last straw  was this dentist look me in the face and said  well what do you expect for free dental care. .....I went straight to the hospital Director  and mention everything to him.... and  I RECEIVED a letter  bout week later and they  outsource me to a private dentist   and I ask if I could use my wife dentist  they said ok...

 

Anyway have you looked on MyhealtheVet Notes to see what these Dentist are saying on your visit with them?

Edited November 24, 2020 by Buck52

[max87]

Thanks Buck, good stuff. 

I’m outside now, too. very long story.

however, the “neglect” means we’re trying to play to catchup, which as we know has been left to deteriorate... still is in large part ... as catchup takes even more time, and, in some cases (teeth numbers) LOSS.

here’s question I’ll be seeking out soon:

when I got assigned outside (1 year; comprehensive treatment)... i had several lengthy conversations with the outside dentist’s “VA clerk.” That person and others there rather happily repeated:  “We can do up to $1000. a day without authorization.” meaning: on me; without VA authorization(s).

Anybody got any info on such authority?

I haven’t seen them use it!!!

for example: I was in desperate need of some kind of fancy in office only deep cleaning several dentist that I saw for free told me that. So when I got to this dentist and they told me that thousand dollar thing I said great you can clean my teeth every day and charge them $1000 as far as I’m concerned.

They did finally give me a deep cleaning probably based on me saying that more than once.

They did finally give me a deep cleaning probably based on me saying that more than once.

But now I find that the dentist has inserted bone when the VA said “no bone”. I had to go back to have her check the surgery and the stitches that are going to be in for four weeks. And I had a chance to ask her what she meant and then why did she put bone in when they said no bone. Her first response was “it’s not gonna hurt me, I’m not going to go bankrupt“. I said but why didn’t you not follow there orders for “no bone“ which I saw written on the note on the desk. I offered her a little help I said well, would you say you felt it was unethical not to put the bone in there?

she said yes. OK so if they can charge $1000 a day why don’t they just charge that off to the thousand dollars a day?

Perhaps there is no thousand dollars a day thing and they’re just confused, But I guess it falls to me to figure it out. I don’t just let things go. And I’m in a spot whether to try to find $350 to pay this doctor so I don’t accept her work for free. 

and I don’t really want to broach this issue at the office yet because I don’t wanna be a nuisance. For example I would like to tell the clerk please bill the VA for that bone thing, because I need the VA if they’re going to refuse you to do it formally so I can try to recoup the money if I pay you. If you don’t bill them then you didn’t give them a chance to pay it. I also told them they should use the word “emergent” And also the phrase “bone loss”… I’ll leave any unethical parts on why she did it to her they could be had later. But I know all about these waiting games and trying to get reimbursed and all that stuff so I’m not going in without my ducks in a row.

[Buck52]

max87 

I am not sure ?

They been paying my wife Dentist where I started going ,  This dentist is a female  Runs her own practices  and very very good at what she does  she said the VA has been paying ok , but I think its an Insurance company used by the VA that pays her  not the VA  and I am not 100% sure but I think they pay these outside Dentist national rates?  the VA sends veterans what the VA or their Insurance carrier pays them  so for they paid her about 5000.00

[max87]

I may find out. I go in soon.