Question:
The V. A. Primary care Dr. I have seen for years failed to diagnose my Graves’s disease for years, even though I had documented symptoms and blood work that screamed Graves‘ disease. The lack of diagnosis and lack of treatment led to thyroid storm, heart failure, and near death. The local V.A. has refused to do a disclosure of adverse events. I filed an 1151 with RO and thought I have not got a response yet, I know for sure that a Dr. at a different VA filled out a DBQ in my favor. My question is, can I force them to give me a copy of the report for Tort purposes? It was entered in a way that I can not see it, nor can anyone without a certain clearance.
Jim's Reply:
As soon as you say "tort" I also hear a scream...it's me hollering that you need a lawyer who has experience in filing medical malpractice suits against the VHA. Over the years I've watched countless veterans who have fumbled DIY torts and 1151s so badly that the finest lawyer in the land couldn't recover them. Filing medical malpractice against the federal government is crazy complex. When you delivered your demands to the RO, they handed them to their in-house lawyers. For what it's worth, it sounds like you have a tort worth pursuing but you really need a pro on this one. The very best advice I have is for you to peruse the VAWatchdog site and talk to those attorneys you'll meet there who are specialists in VHA medical malpractice. Don't go to a gun fight armed with a spork.