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VA Hospital negligence or malpractice???

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WilliamWSmith

Guest
What is the name of your state? NC

I have a question about what I could do about my father's treatment at the VA hospital in Fayettville, NC.

My father retired from the marine corps in 1993. Upon his exit physical he began seeing doctors at the VA becasue of high blood pressure etc. He had a mild heart attack in 1996 and was treated at a VA facility in OK city. He was a truck driver at the time. He was treated by the VA regularly ever since. He had mild chest pains for years. He was fatigued easily, wore nitro patches, took pills etc. He said that it felt like he had a five pound bag of sugar on his chest at all times. The VA hospital would see him about every 3 months, do a test and then give him the results 3 months later. They kept telling him that they couldnt find out his problem. He had at least one of his artteries that feed his heart blocked off, they told him that capilaries had grown around it and it was fine.

In april of 2003 he had a massive heart attack that should have killed him, it didnt but he died 4 months later from complications steming from the attack. 10 days before his massive attack he had a "presantemon test" (sp?) were they chemically induce a heart attack or something and it was supposed to detect any problems. Three months later he went back for the results, he was feeling pretty good at this time. ( he got better at first and then declined) The doctors told him the test didnt show anything and that he was ok.

Basically I think that my father should have recieved better treatment from the VA. I think he should have had bypass surgurey years ago. I know im not a doctor but the VA treatment was abismal, we didnt know how bad it was until he was treated a a civilian hospital in april.

I would like to know if there is any chance of a case. Im not really all that interested in getting a bunch of money, it isnt like ti will bring him back. But at the very least something should be done about the way he was treated. He cant be the only one they did this to.

Thanks

Billy
 


ellencee

Senior Member
WWS
I am sorry for the loss of your father and I understand your dismay with VA hospital services. VA facilities have a serious backlog of patients and are able to provide 'bandaid' care to most patients in spite of diagnositic testing abilities. This is not an issue of professional negligence or malpractice, but an issue of lack of funding for the healthcare of our country's veterans.

In order to have a valid claim of malpractice or negligence, you would have to prove that your father suffered damages that he would not otherwise have suffered. It is unlikely that it could be proven that your father would not have had a heart attack and died as a result of the cardiac injury or that a heart attack of such magnitude could have or should have been avoided if he had received care at the same level as provided at civilian hospitals. The VA facility would only be held liable for providing services at the same level of a similar facility in a similar location.

Your father could have received healthcare via a private physician, clinic, hospital, etc. at any time. He was not mandated to receive his care only from the VA.

I don't know if the "reasonable person" test applies to this situation, but often in legal issues, a person is responsible for taking action or making a decision as a "reasonable person" would do. A reasonable person with chest pain for nearly ten years duration would seek a second opinion or would go to the ER for evaluation during an episode of chest pain.

Generally, the statute of limitations for wrongful death is one-year. If the one-year statute of limitations applies to your father's death, then the statute has most likely expired and no lawsuit can ever be brought against any of the providers. Check with a medmal attorney in your area and verify the statute of limitations for your father's circumstances and death.

I hope that long-winded answer to your simple question is of some assistance in your quest for answers.

Best wishes,
EC
 
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WilliamWSmith

Guest
thanks for the reply. as I said I am not really interested in seeking any compensation. I would really like to see this stuff not happen to others though. The VA was his only real means to be seen because of our poverty. I just wish there was something that could be done to bring the VA facilities up to par. There is no use in blaming anyone, but it seems preventable and id like to think that it could be avoided in the future.

Billy
 

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