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Medical malpractice

Delta4-3

Gunny Sergeant
Commercial Supporter
Full Member
Minuteman
May 21, 2013
1,715
19
Arkansas
So I just had my second surgery go horribly wrong due to negligence in the VA. Anyone have a way for me to deal with this. I let it go the first time when they cut on the wrong side of my body and took out the wrong thing. I want to bring the house down this time because I'm pissed and don't want it to happen to another vet. Any lawyers, doctors, or someone that's been through it that can help? If there is, I'll post up the whole ordeal.
Thank you in advance.
 
I think you are SOL. My wife knows someone who lost 3 toes to the VA..... At different times. I know it can be done, but it is VERY difficult to win.
 
There is a great Medical malpractice lawyer who is a hide member, his name is Jay I forget his user name but you can call him at 214-855-1420, tell him you are a hide member and that I sent you.
 
If Arkansas is like Oklahoma when it comes to MM. I have to tell you 9 out of 10 don't get shit for there trouble. Nor does it stop it from happening again. I's sorry to hear about this. I hope it wasn't the one in Little Rock, and Fayetville has a nice one too. I have only stopped by the later once. My friends dad keeps having to go to Little Rock to get some of his surgeries done, because they are better than Oklahoma!
 
There is a great Medical malpractice lawyer who is a hide member, his name is Jay I forget his user name but you can call him at 214-855-1420, tell him you are a hide member and that I sent you.

I may have to do that. I've got an old buddy from B co. 1/75 that works for the VA doing claims and seems fairly confident. Here is what went down....
In 2008 I had a cyst form around a piece of shrapnel in my throat and it bulged out the left side of my throat, very conspicuous. I went in to get it removed and the doc cut on the wrong side of my neck and took out a lymph node. Turns out he was under the influence. I didn't peruse it, and nothing came of it.

June 17th of this year, I went in for a Vasectomy. Against my wishes, an intern did the surgery without waiting on the real doctor to get there. He came in 5 minutes into the surgery and pulled her aside, whispered to her, and made here stand out while he finished up. Immediately after I got home I knew something was wrong.

I photo documented it everyday since.

It hurt insanely bad for the next three weeks. I already have a major spinal injury and both knees are getting replaced so I don't need any extra pain, I've got plenty, oh yea I'm also only 27.

I started calling them about a week into it saying that it hurt very badly and the pain was shooting into my stomach. They returned one call out of the first 17 and it was the intern. She said that I was fine and just didn't handle pain as well as most men. My entire sac turned black. (sorry for the details folks)

3 weeks into it, the pain was getting unreal and the sutures that they said would dissolve in 5-7 days were still there, and the skin was starting to grow over them. One night, my temperature started bouncing from 96.7 to 103.3 and I was shivering hard enough that I dislocated two ribs. Since the little rock VA is almost 3 hours away my wife forced me to go to the local ER. I couldn't walk so she loaded me up and took me. The staff there was awesome....and appalled. I was still black and blue. They said they used the wrong sutures which wouldn't dissolve, and had gotten infected. They had to cut the skin to get the sutures out. They couldn't treat further because it would be a liability since they didn't perform the original procedure and suggested I go back to the VA.I laughed, and had the ER doc stay with me while I called the VA urology dept on speaker. I was transferred to a nurse who told me that I was fine and if it still hurt in 12 WEEKS to come in. My doctor was Livid, and contacted the chief of urology at the VA and proceeded to chew his ass with me in the room. 5 minutes later the chief called me to "check on me". I asked if anyone else had talked to him (he didn't know I was in the room during said ass chewing) and he said "no". He told me to come in at 0900 hours on July 31st.

For the next few weeks until then the pain did not lessen, nor did the internal bleeding. I drove 3 hours to the VA for my appointment only to be told that I didn't have an appointment and they couldn't see me. So my wife and I head home. I got another appointment....same thing. Finally my wife and I got to see the chief. He did not want to see the pictures and was rude to both me and my wife and told me I was fine.

I requested a second opinion and it was denied, but they handed me off to another doctor on his staff. This doctor said it was physically impossible that I still had internal bleeding and that I'd have to prove it to him. So, I sent him pictures 4 times to the email address he provided (don't know why he wouldn't look at it in person). No response. The emails were opened and my primary care doc verified the email address. He did not return several calls either.

For the next appointment, a new, young doc on the same staff comes in, looks at it, and says I need to go into surgery NOW. I had a back surgery I have been waiting for for years, scheduled on the same day and consequently missed it.

In the second surgery they found that she had not separated the Vas and it had started growing back together making a lump as big as my testicle. There was also a vein cut that was still bleeding for an unknown reason. There were several other issues as well. If this surgery doesn't work, I may loose a nut next month.

On the upside, a senator is going to come look at my balls next week, I've always wanted to shove my nuts in a politicians face, and now I get to!
 
Dude, that is a f$%^ing horror story and a half. I have been fortunate with my VA dealings but you have been way less fortunate. They are doctors and medical professionals and are not supposed to be hackjobs. The VA doesn't get the best doctors because they don't pay the best, but I am sure they still have to have malpractice insurance for the occasion they get sued.

While in the military you can't sue the military but you can sue the individuals within the military. You may be able to sue the VA, but you can probably sue the doctors and interns.
 
I forgot to add that they scrubbed my medical records of every visit and complaint. By this I mean I had a copy of every visit printed off last week and there was nothing in there about me having any issues or complaints.
 
Delta, dude, I feel for you. Judging by your threads, I'd say you and I are in the same boat. I deal with the VA, it's a full time job if you're 100%, isn't it? I have spine issues like you. Unlike you, I won't let the VA touch me with a knife, and ESPECIALLY not under anaesthesia. I went to their back school, they even tell you there to not let them cut you --this is the VA telling you this! And the vets there, they all ratified what she said wholly!

The one time I almost got cut was when I got out and came down with appendicitis just two months after medical ETS. Lucked out, the surgeon wasn't at the VA! Went to Madigan instead. My anaesthesiologist, btw, had the same radio call sign I had as a RATELO when the unit reactivated. He was the last Gimlet 3-6 Romeo. Imagine that. Anyway, woke up with both balls and cock in place. I did contract MRSA there though, but it wasn't too bad and I beat it quickly. I had my nose fixed in that hospital (reduced my run time significantly, having two nostrils again!). Both parents were Vietnam era army nurses, mother still is a nurse. The doctors I talked to at Madigan all wanted to be there too, for the most part. Squared away.

The VA. Holy shit, what a contrast. I go to American Lake, and compared to any large facility I've been to, it's a country club and high end VA medical service. That said, I get "docs" that rotate and change my prescriptions without notice. Wait MONTHS for an appointment, sometimes after the condition has abated.

When you're fucked up like us, other things become problems. Like gait, my spine messed with my gait, and new boots only exacerbated the issue. Saw 3-4 different podiatrists about big toe. I'd get sores inside the callus. 1 year later, all those visits plus two to two different new general health docs, one complaint of a swollen lymph node downrange of the problem (groin) and they STILL didn't get it. I almost lost my toe. In the end, I had to research the shit out of it, thankfully growing up around Merck manuals and Gray's and such gave me an edge. I came *this* close to getting my toe amputated due to their ineptitude. How is one guy with no university medical training able to diagnose and treat a problem several doctors (and the podiatrists are actual doctors, at least they got the degree fwiw). This was the most recent fiasco.

My back went full shit out last year, I spent half of it laying in the prone on the floor. Thankfully that's a fairly comfortable position for me for extended periods. I got admitted due to the pain being so bad I couldn't stand or walk, I had no strength in my legs. I was worried I'd loose bowel control and then HAVE to get the knife there. Anyway, I had my wife there to help --if you don't have someone in there on your side to light fires under asses, it'll always be uphill. Now I went there with the same issue two or three years earlier and spoke with a Dr. Nishio (yeah, I'm calling your ass out man) who seemed to me to be a squared away neurologist. Two years in the VA, he didn't give a shit anymore, grew his hair out, quit wearing scrubs (because he basically quit doing his job --he didn't need to wear 'em). Told me it would be 3 month wait everytime I needed a shot in the spine, AFTER him telling me he'd usher me in same day, no problem, years earlier. It was the only reason I was admitted.

The room I was in, goddamn! There were five of us in there with all sorts of different problems, teams of students just in and out, talking about you like you aren't there, etc. No rest, no help, nurses won't give you the meds you know you need, but plenty of shit you know you don't. And even a couple that were meant for someone else. Floors hadn't been cleaned in forever. I've NEVER seen tile floors THAT damn nasty. Bathroom? Uh-uh. I requested a piss bottle because the floors were too dirty (and I couldn't walk well anyway). All in all, I spent about a day there and got NOTHING done but put in more pain and grief and hassles to go through.

In the end, I got my rating upped and I applied for SS. Now I go pay for my own damn pain doctor. He'll do the shot within a day and he also doesn't change my meds around or force more on me, nor does he give me shit if I do need more. Simple rules I can understand and follow.

I'm on testosterone treatment because the pain meds wipe out your ability to make it over time. They didn't catch this for years, I REALLY felt like shit without the T. Then when I got one good doc, temporarily, he caught all the shit, ordered blood tests, the whole nine yards. Found that out on his own. BTW, in ten years, that's the only time they caught any bloodwork anomalies. Any others, I caught.

You have to learn what all the medical terms and shit means and get intimate with the treatments and diagnoses of your problems. Because if you don't, the VA sure as hell won't.

It's where sometimes good PA's go to loose their spark. It's where a good doctor can become a lazy one. It's where a doctor that's been sued for malpractice before and can't start another practice can keep on keeping on. It's a place you can get a paycheck, play Gray's Anatomy and never get fired for not doing your job, well or even at all. You can cuss out vets and give them shitty or no service at all, provoke an argument, then call the VA Police in to harass you further, because of course, it's always you in the wrong.

They treat all vets basically as homeless, not intelligent (and definitely not with any college) violent individuals ready to go to the mat to protect their ignorance. They put diagnoses in your records they have no business doing (one PA tried to diagnose me as narcissistic, they obviously hadn't read the definition of the term). "Adjustment disorder" was one a lot of us got, but none of us had. It took General Shinseki in front of Congress to unfuck that.

I have more horror stories than I can write. Some mine, some from others. My grandfather, he died in a VA shithole. I recall them leaving dirty and open sharps on his sink. This was in SICU! SHOULD have been spotless in there! But Omaha VA 20 years ago isn't any different than VA today. And you know what? I watched Born on the 4th of July again recently, it's gotta be the only Tom Cruise movie I really like, and it just strikes me so powerfully each time I watch it, especially the VA scene, all the shit he goes through. It isn't quite THAT bad anymore, but it's a lot closer to being like that than it is your local community hospital.

So that's a short, hasty and thrown together synopsis of my trials with the VA. Simply too much to say, not enough time or space to say it in.

Malpractice? That's the only practice they do!
 
Strykervet, thanks for the write up, I wish it were different for us. What's even shittier is that they put us OIF/OEF vets in front of vets of our previous wars. That is wrong to me.

I may have messed up a little...I told the chief there that if I loose a nut over this ordeal, I promise he will loose one as well. The PA in the room starts laughing uncontrollably. The doc didn't think it was quite as funny.
 
Now for some help. I didn't want it getting lost in the rant above.

My name is Kane, I can help you. No seriously, I've been fighting these bastards for years now and would be nothing more than pleased to get you headed in the right direction. Don't let anyone tell you it's futile. It's one rung up from futile, but it isn't futile. It's long, drawn out and it may take forever, but it is doable.

First and foremost, you NEED an advocate. The more the better, but you need one like Amvets or American Legion (that's mine) to handle paperwork, and you need a family member or friend with you at every appointment so they know you aren't alone. If you have a problem at an appt. or with a doctor or whatever that you can't resolve, go to the patient advocate at that hospital RIGHT AWAY. They can help a lot of times. Having a family member there to handle that while you wait is doubly effective too, and having them at the appt.'s themselves; it also helps with the tempo of the conversation, as it's harder to brush off two people than it is one. I have a really good advocate at the Legion, this guy has fixed a LOT of problems, from ratings to the army taking out double what I owed them, etc., etc. The patient advocate I have is stellar. Don't forget to write letters to the hospital director to tell them how impressed you are with good doctors, nurses, receptionists, whatever. I do this once a year. My patient advocate got promoted over one of my letters (that and she was just damn good at her job, but that isn't a VA requirement for advancement). But if a letter gets there that says good things, that's rare there. Very rare I hear. You do that and help get a patient advocate promoted to the head advocate, you've got a friend.

Most VA personnel I wouldn't trust hold a dime. Some I'd trust my family with. Those are the ones I try to call out for being good in the system, as it only helps me in the long run. I could say it's being nice, paying it forward, but it's actually a quite selfish move so I can get what I need from my broken healthcare system. Lots of little tricks, I found this one out on my own.

Second, if they've cut you and fucked you up like cutting the wrong side, dude, stop wasting time. That's blatant and no excuses malpractice. You'll need a personal injury lawyer or better, one that works specifically with suing the VA. It's a byzantine bunch of bullshit, a bureaucracy designed to wear you out and make you go away. If they cut your back and it got worse (saying they cut the correct side) there isn't much you can do --they have statistics to back up the fact that back surgery is shady as hell at best. A surgeon not knowing left from right is much more egregious.

Third, don't give up. If they ignore you or deny you, appeal it. If they still don't comply with you, request a board hearing. Contact your congressmen and senators, they can be helpful in this situation believe it or not. Even their receptionists can pull strings. I'd inform them of your problems in full via a phone conversation. Maybe schedule an appt. to speak with the politician you think will help you the most. Then when you get the ball rolling on a malpractice suit, you'll have them hopefully in your corner and informed in advance.

I don't know what you can get out of a malpractice suit, but waking up missing healthy parts I doubt is one of the protections afforded to them under law.

Fourth, be patient, they work on forever time. Follow up. Read ALL the shit they send you and ALWAYS reply when they request it. Here is where the American Legion helps with the paperwork: they'll catch a lot of stuff you or I would miss. Sometimes just not sending in a form can cost you your claim. Fill them out correctly and completely, one mistake can render your claim moot. They'll try and send you to a civilian doctor they contract out for claims reviews. DO NOT GO TO THIS APPT.!!! But don't blow it off either! Send them a letter AND call them to tell them you will ONLY do C&P exams AT the VA with VA doctors. Trust me, this works MUCH better, but it will delay your claim in the meantime. The civilian doctor, no English, fat women breastfeeding kids wearing greasy t shirts at the desk with their boyfriend and friends in street clothes hanging out, and not a goddamn thing in the office. Looked fly by night. Take my advice, no C&P exams unless at VA hospital by VA doctors.

Finally, if you want to talk to me about this more, I'd be glad to speak with you if like, just PM me with your number and I'll call you. Or we can write it out in PM's if you like. I'd also like to ask if you know a guy (there's a slim chance you may be him, and if so, we worked together for a while, or you may know him --I'd like to get back in touch with him if possible).

Also, go talk to some of the guys at Hadit.org and there's another veteran's site that's slipping my mind. They have lots of good info, dossiers on VA doctors with patient submitted information IIRC --it's the only place like it. If you were building a case against any one doctor, I'd look for his other pissed off patients too.

Us vets, the disabled ones in particular, we HAVE to stick together. We're easy targets and just wanna be left alone for the most part, and they know making it difficult for us will make many just go away. I've seen 'em blow off one vet and threaten to call the police because he was getting shitted on by the VA over something (I forget that particular reason). They thought he was being unreasonable, but considering how bad off he was, they should have dropped what they were doing to assist, he couldn't even stand up, was sweating bullets, weak as hell. But no, it was the vets in the waiting room that stood up and said "come on, help him out, don't leave him like that" and "I'm gonna get the patient advocate now" and "I'm filming all of this and it'll go on the internet if you get the police involved". That guy they stood up to help was me, and I had collapsed just inside the waiting room in front of the doctor office, but instead of helping me they just walked over and around me. And the VA police? They'll fuck with one guy, but they won't fuck with a platoon of them. They aren't eager to make King 5 news for roughing up a bunch of disabled vets for stepping in to help another. So don't stand by and watch them screw over another fellow veteran, speak up. It really is "us against them" over there for the most part.

There are good people in the VA, but no good systems in the VA. Remember that.

PS, they thought I had high blood pressure for years, even put me on a med for it. Turns out after I got on the T and lost weight, I just get high blood pressure anytime I roll through those VA gates. It's automatic and happens every time.

Hope this helps, and anything else I can do to help, just PM me. Seriously, good luck. I do know what back pain is like, hell, I didn't sleep at all last night, couldn't, and little the nights before. So excuse me if my ideas seem jumbled today.
 
Strykervet, thanks for the write up, I wish it were different for us. What's even shittier is that they put us OIF/OEF vets in front of vets of our previous wars. That is wrong to me.

I may have messed up a little...I told the chief there that if I loose a nut over this ordeal, I promise he will loose one as well. The PA in the room starts laughing uncontrollably. The doc didn't think it was quite as funny.

Yeah, some of the docs are afraid of us. They think we're gonna all snap at any given moment and wear guts for garters. They take any "threat" seriously. But I wouldn't be worried about it, I'd have said the same thing. It isn't like they have the most stellar of reputations, remember when they were flushing folks' HIV infested feces up the otherwise healthy asses of other vets? Tried like hell to hide it, then to say nobody would be affected, then it made national news. That's just one of several transgressions they've made just in the last decade that would've shuttered a civilian operation loooong ago.

Yeah, we do deserve better. And I wholly agree, I shouldn't be getting my damn 100% 35 years before a guy who was fighting in Vietnam the year before I was born. I've seen Operation Orange soldiers JUST get their pay and rating (which does nothing to help with the years they've paid trying to get answers and the pain they've been through, emotional and physical) or the Operation Shad member I met. They used him unwittingly in NBC trials to find out crew operation capacity after a WMD strike. Since it was classified, he went half his life not knowing why he had all these problems.

On the other hand, a lot of rule changes happened in the last ten years that has made it easier on us. Trust me, you don't wanna go to the back of the line. And you couldn't anyway, as veterans from each era or operation are treated differently, have different criteria and have different services and benefits available. Right now, I think our generation has the most benefits available, ever. We also have better record keeping, making claims much easier than they likely were in the past.

It's the more persistent ones with good support from the Legion or whoever you choose, that tend to make things go smoother and faster. Also, letting as little time as possible go by without filing a claim. I filed while I was still in the army the first time.
 
My girlfriend is bitching about her flu.

After reading this, I'm gonna tell her to shut the hell up.

Guys, I have nothing to add really except to say......Good luck to all of you and kick some well deserved ass!!!!
 
Wow... unacceptable. .. is there not a regulatory agency overseeing them... is there somewhere you can complain?

Back pain is a red flag in the medical community. MD'S think your an addict and treat you as such...

Hang in there. I like the patient advocate route... Can they come in with you in your appts... Your care/body. You should be able to have who you want in there...

Remember he who yells loudest gets the most attention... But don't make threats

Good luck
 
So this is what we have in store for us when the "Affordable Care Act" fails and single payer state sponsored care is the solution?

Good luck to you. Call your local bar association and ask for a referral for someone who practices in this area and has taken on the VA. You may get referred in the right direction and should get a free consultation. I didn't read the responses here but hopefully someone above had something more specific for you.
 
The statute of limitations looks to be two years. How long ago did they operate on the wrong side of your body?
 
The statute of limitations looks to be two years. How long ago did they operate on the wrong side of your body?

Thanks for the link, very helpful. The other surgery was in '08. They handled it better though. Everyone can get drunk and make mistakes (he was intoxicated) but the way they have covered this last one up and constantly try to belittle it is infuriating them.

Speaking to a PA from the VA, it looks like I have another option of filling out a form 1157 instead of a TORT claim. He said it may be more successful, but is consulting some others for me to see how he can help.


Strykervet, I'll shoot you a pm.
 
Well Fuck! I didn't mean to sound like it was impossible, I have just heard the numbers for here in Oklahoma on MM. The computer program they use at the VA can not be erased unless one of the Main frame guys does it. When I was working with the Choctaw nation they use the same computer system. I will try and talk to my friend he grew up running the VA computer system. Might help and might not. I do happen to have the Head of the Psychiatric part of the VA. I got to talk to the Doc and we had a fairly long conversation. The Doc lives in Virgina and I have number and email. I would pass it along to another if you are having problems getting your psychiatric diagnosis being changed or what not, and he has no problems jumping in the middle of someones shit to get things done.
 
Mindblowing! Having suffered through cut/stitched/infected/bloody/black and blue/oozing balls myself, I cant believe this kind of shit. Government provided healthcare......no thanks. Hope this gets solved for you Delta, and that the worst is behind you.
 
I cannot believe the shit vets have to put up with this is Unbelievably horrible makes me really mad.

A doctor being intoxicated is not ok. It’s totally inexcusable. The other stuff also sounds wacked up.

The VA seems totally unaccountability. Other members of my family have had problem with the VA.
 
I think you are SOL. My wife knows someone who lost 3 toes to the VA..... At different times. I know it can be done, but it is VERY difficult to win.

"Difficult to win"? They obviously need a better lawyer, as in 2012 the VA was sued and paid out $91,000,000.00+ in malpractice money.

Top $91 Million in 2012

The department of Veterans Affairs (VA) paid more than $91 million in settlements and verdicts from medical malpractice in 2012. This amount is the highest amount in a dozen years and raises significant concerns about patient safety issues at VA hospitals. These payments came in the form of court judgments and administrative settlements. The lawsuits against the VA include claims for misdiagnoses, delayed diagnosis, failure to monitor, and even wrong body part surgery.
 
My own thoughts, but if the 'soldiers' are being forced to go to a 'soldier hospital' due to the uniqueness of their injuries (supposedly) and whatnot, then the soldiers should be "In Charge" of said hospital. As in, the "board of directors" should be made-up of those current and former who served.

And then, the place should be run 'squared away' at the very least, and fall under the UCMJ as well. Never mind the 'civilian courts' and crap like that. Make shit happen, and quick!

OP, I'm sorry to hear of your exploits, and hope that you'll be victorious in both healing AND retribution. The medical system is bad enough all around, let alone allowing the 'residual effect' to coagulate into one area. For those who deserve it the most, they're getting the least. And that's just wrong.
 
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Delta4-3 You can sue the VA. I know a lot of soldiers are team players and don’t necessarily feel right about suing sometimes. But the only way the VA will change is if more and more people sue. After a while the people in Washington will figure out that providing a better level of care will be cheaper than setting all the lawsuits.
 
Thanks to all of you for the well wishes and advice. I'm writing an incident report up now and contacting some folks. I'll update with progress.
 
I can vouch for connecting with the American Legion, give them power of attorney. Strykervet gave you some no shit good advice.