Dr. Screwed Up Husbands Toe

[sbrewer]

MY husband has suffered from toe pain for over a year. First x-ray was done last Oct. and showed nothing according to Podiatrist at the VA. He prescribed Tramadol for pain. Well months later still in pain and another x-ray, so dr. decided to do "exploritory surgery". When he cut open the toe(by the way I forgot to mention, my husband could feel a knot on the toe but the dr. could not) anyway, he said he saw it then and "scraped the bone". Well that was in May. Husband still in pain worse than before, and podiatrist said it would take a year for it to heal. The toe now will not bend. Well today he went to the red team dr. and she looked looked at it and said "he sure messed up your toe", and she said I've got something that will take care of the pain and of course gave him a script for Tramadol...Question, can anything else be done? Is this dr. liable? Should this be reported? I'm sure the red team dr. did not write what she said down and probably would not go against another dr either. Just wondering...

[Pete53]

You can file an 1151 claim and it should end up service connected. Good Luck.

[otey2171]

MY husband has suffered from toe pain for over a year. First x-ray was done last Oct. and showed nothing according to Podiatrist at the VA. He prescribed Tramadol for pain. Well months later still in pain and another x-ray, so dr. decided to do "exploritory surgery". When he cut open the toe(by the way I forgot to mention, my husband could feel a knot on the toe but the dr. could not) anyway, he said he saw it then and "scraped the bone". Well that was in May. Husband still in pain worse than before, and podiatrist said it would take a year for it to heal. The toe now will not bend. Well today he went to the red team dr. and she looked looked at it and said "he sure messed up your toe", and she said I've got something that will take care of the pain and of course gave him a script for Tramadol...Question, can anything else be done? Is this dr. liable? Should this be reported? I'm sure the red team dr. did not write what she said down and probably would not go against another dr either. Just wondering...

yes he is liable. if this wasn't service connected already, you can fill out a 1151 and get this service connected. you can also file a ftca claim which is a administrative claim against the government. you don't need an attorney to file a ftca claim. if you have any questions email me at otey217@yahoo.com

[sbrewer]

Wow! Now he is sc 10% but absolutely NOT for toe, so if I read the replies correctly, you're saying he

could get sc for his toe? Now the red team dr. probably did not write down what she said, and most

probably will not go against another dr. Would that be a problem? What is an 1151 and where do you

get one to file? Also what is an ftca claim or what does it do?

thanks,

sbrewer

[Guest Berta]

Section 1151-

If the VA causes you, by negligence, additional disability -then you can get the additional disability rated and it will become "as if" service connected.

you need documentation of additional disability and proof of medical error.

Just write to them and say

This is a claim under Sec. 1151, 38 USC. I believe my VA medical records will reveal that I have suffered additional disability due to improper surgery and medical care of my toe.

Put down any other affects of this-any ankle or knee involvement, balance problems, etc etc-

if they are documented results due to the negligence.

If there is proof of only limited additional disability-I believe they will not rate this over 10% or might only give you "0"SC- it could get worse and then you could appeal for more.

Still it depends on two things-

documented proof that they buggered up the surgery and proof that you have an additional documented disability.

I recall you asked about Dr. Bash's number last week for IMO regarding another disability?

I would ask him for an opinion on this too.

Sec 1151 - the VA does not always quite honor duty to assist by looking for evidence in these types of claims-

sometimes they do make a Sec 1151 award right away-

if the negligence and results are obvious.

It took me 3 years to win a Sec 1151 claim. (lots of SOCs)

Solely based on their evidence and their medical care documented in the veteran's med recs.

[sbrewer]

Hi Berta,

Yes I asked you about Dr. Bash. I just could not remember his name. Thanks for the information. I do not

beleive that the Dr. will put in his records that she said "he sure messed up your toe". I think it will

probably hard to get one dr. to go against another. Not impossible just hard. Husband did go to a podiatrist

on the outside, however at that time he had not noticed that the toe would not bend. Right now he's waiting

on app. from his primary care at the VA. See what that one says.

Again thanks for your help,

sbrewer