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Question on knee replacement surgery infection . . .


namvet6567

Question

A good friend (TDIU 8.5 yrs), had a knee replacement @ a VAMC in early November, 2023, all was going well for about a week, then it inflammation, drainage etc..  They initially treated it conservatively w/oral antibiotics but after about 3-4 weeks had him come in, admitted him, opened it up again, cleaned it out, closed it up and sent him home on IV-24/7 for 6 weeks.  Seems to be doing better now.  They found it to be a staph infection.  Anyway, since the infection was the VA's fault, what options might he have??  Thanks for any assist!! 

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An infection is generally not a chronic condition.  That is, you get an infection, you get over it and are ok.  

The compensation does not pay you for "pain and suffering", but rather your loss of earning power.  While possible, its unlikely that an infection would result in any permanent type of disability, but more likely, cause some pain and issues for a shorter time frame, and then you recover.  

Now, if the infection had residuals, that is a horse of a different color.  Residuals may include things like scars, (compensable, they generally dont go away), kidney damage, if applicable or the like.  

"Acute" conditions, that is, conditions which generally resolve themselves or respond to treatment without residuals are non compensable.  Chronic conditions, which cause you problems in every day life for the rest of your life are compensable.  

VA compensation does not pay you for pain and suffering for having to endure another hosptial stay with an infection, provided that you recover without residuals.  

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On 12/21/2023 at 7:38 AM, broncovet said:

An infection is generally not a chronic condition.  That is, you get an infection, you get over it and are ok.  

The compensation does not pay you for "pain and suffering", but rather your loss of earning power.  While possible, its unlikely that an infection would result in any permanent type of disability, but more likely, cause some pain and issues for a shorter time frame, and then you recover.  

Now, if the infection had residuals, that is a horse of a different color.  Residuals may include things like scars, (compensable, they generally dont go away), kidney damage, if applicable or the like.  

"Acute" conditions, that is, conditions which generally resolve themselves or respond to treatment without residuals are non compensable.  Chronic conditions, which cause you problems in every day life for the rest of your life are compensable.  

VA compensation does not pay you for pain and suffering for having to endure another hosptial stay with an infection, provided that you recover without residuals.  

bronco - Thx, I was thinking more along the line of something like an 1151 claim or a malpractice claim against the MD, etc.  The problem is that he had a shared bathroom w/the room next store (3 vets in it, w/same infection) and his door was supposed to be locked or blocked so he couldn't use it but wasn't.  Just feeling things out.  If nothing else, he should now be able to get his knee SC'd.

On 12/21/2023 at 7:38 AM, broncovet said:

An infection is generally not a chronic condition.  That is, you get an infection, you get over it and are ok.  

The compensation does not pay you for "pain and suffering", but rather your loss of earning power.  While possible, its unlikely that an infection would result in any permanent type of disability, but more likely, cause some pain and issues for a shorter time frame, and then you recover.  

Now, if the infection had residuals, that is a horse of a different color.  Residuals may include things like scars, (compensable, they generally dont go away), kidney damage, if applicable or the like.  

"Acute" conditions, that is, conditions which generally resolve themselves or respond to treatment without residuals are non compensable.  Chronic conditions, which cause you problems in every day life for the rest of your life are compensable.  

VA compensation does not pay you for pain and suffering for having to endure another hosptial stay with an infection, provided that you recover without residuals.  

 

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Of course, there are also 1151 claims, but those too, have "damages", and an acute condition which resolves itself is at best pain and suffering in the short term. The big bucks happen when medical malpractice causes some sort of long term disability.  

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