Should the V.A. be responsible for surgery that resulted in paralysis?

PFC Thomas McEwen — Fri, 30 May 2014 04:56:09 -0400

I was injured at work that required neck surgery. The surgery was successful. However, 10 years after the surgery I was assaulted by two people and I was hit in the head around 10 times. My neck was injured and required surgery once again. I did not have private insurance and was treated at the V.A. Hospital in San Antonio, Texas. After an six hour surgery, I was fitted with Two rods, twelve screws, and a plate. A month after my surgery, my left hand was paralyzed. My Surgeon guaranteed me I would regain full use of my hand after six months. The strange part was he wanted to perform surgery a month after my initial surgery. I know that he made a mistake during my first surgery and tried to correct it. Sadly, I agreed and the surgery did not help me regain full function of my left hand. The surgeon said I would never regain full use of my hand and I was permanently paralyzed. I put a claim for service connected disability because my Dav said because it aggravated my injury I would be able to make a claim. Surprise, surprise, they denied my claim. Do Y'all think I had a right to put the claim in or not? By the way, I am 70 percent disabled due to Ptsd. I welcome all responses. Thank you.

Response by MSG Private RallyPoint Member made May 30 at 2014 5:12 AM

MSG Private RallyPoint Member — Fri, 30 May 2014 05:12:42 -0400

Well if it was a result of the surgery and you didn't do something you weren't supposed to id say yes. I'd be remiss to point out that all surgeries have risks and they do have you sign a waiver of some sort before hand. When it comes to the neck I can see a lot that could go wrong because of all the nerves and such in the area. But at the same time if they screwed up they need to own it.

Response by PV2 Louise De Simone made Aug 3 at 2014 3:16 AM

PV2 Louise De Simone — Sun, 03 Aug 2014 03:16:14 -0400

You'r DAMN RIGHT THEY SHOULD BE RESP. AFTER ALL THEY ARE SUPPOSED TO BE DOCTORS!!!! GO AFTER THEM AND CANCEL THE GOV. TORT THAT PROTECTS THEM AND THEN THEY MAY START TO SEE THE LIGHT OF 'HOORAY FOR ME AND THE HELL WITH YOU MENTALITY!!!!!

Response by CPL Steve Lindsey made Oct 22 at 2014 3:28 PM

CPL Steve Lindsey — Wed, 22 Oct 2014 15:28:08 -0400

Not sure if this will help, but yes they are responsible. There is a law firm that helps vets get the full disability owed to them. They are not the vfw or dav, I don't remember the name but if you do a Google search for lawyers that take veterans cases you should find them. They advertise on fox news channel a lot.

Response by CWO3 Private RallyPoint Member made Apr 27 at 2015 4:57 PM

CWO3 Private RallyPoint Member — Mon, 27 Apr 2015 16:57:41 -0400

Yes, DAV was correct to a certain degree. I would go after a Federal Tort Claim against the VA.
1) If your injury incurred in service, then it's direct service connection.
2) If not then it is non-service related, but
3) If the VA did surgery twice and faiiled twice, then I would ask the DAV to do a Federal Tort Case against the VA due to Malpractice. Need help ask Chris Aggi, Veterans Attorney At-Law.

Hope this shed some light on your perdicament.

James

Response by PO2 Terry Meadows made May 21 at 2015 11:32 PM

PO2 Terry Meadows — Thu, 21 May 2015 23:32:47 -0400

Absolutely. With all the discretionary spending the VA gets next year they should pay for malpractice. 78.8 billion in discretionary should help pay for their mistakes

Response by CW3 Kevin Storm made Jun 3 at 2015 2:10 PM

CW3 Kevin Storm — Wed, 03 Jun 2015 14:10:17 -0400

You would of been better off filing a claim against the VA for malpractice then for disability.

Response by PO1 Robert Riley made Jul 7 at 2015 7:40 PM

PO1 Robert Riley — Tue, 07 Jul 2015 19:40:04 -0400

yes

Response by MSgt Manuel Diaz made Jul 16 at 2015 2:48 PM

MSgt Manuel Diaz — Thu, 16 Jul 2015 14:48:55 -0400

Doesn't it fall under that can't sue the government umbrella, but you can personally sue the surgeon

Response by CWO3 Private RallyPoint Member made Jul 23 at 2015 11:16 PM

CWO3 Private RallyPoint Member — Thu, 23 Jul 2015 23:16:06 -0400

Thomas, First of all the DAV NSO shouldn't have informed you that you could qualify for service-connection because of your current injury didn't happen until after the military. Right? Secondly he should have advised you to seek Federal Tort Case, 1151 Malpratice law suit for the injuries occured during the VA surgeries that made you paralyzed by the VA. I would seek advice from a professional lawyer who deals with 1151's. Good Luck. JK

Response by CPL Roland Newton made Jul 24 at 2015 2:20 AM

CPL Roland Newton — Fri, 24 Jul 2015 02:20:09 -0400

I need several back surgeries I'm told, NOT going to happen

Response by PO3 Heather Eastwood made Jul 24 at 2015 3:06 AM

PO3 Heather Eastwood — Fri, 24 Jul 2015 03:06:55 -0400

You should put it back in. You had every right to file. I was denied in 2009 for anxiety and depression issues. I refiled my claim last year and it was approved.

Response by AN Carolyn L. made Aug 20 at 2015 3:28 PM

AN Carolyn L. — Thu, 20 Aug 2015 15:28:31 -0400

you can sue for malpractice (yes, it has been done) but probably not for SC. And, be warned....anytime you reopen your SC case file, your original claim (ptsd) will also be reconsidered and they can decrease the percentage. I have done DAV claims and always warn veterans that reopening SC cases are risky. They jigger the numbers and you end up with the same amount of compensation. Find a federal malpractice attorney. A friend had his pancreas destroyed by the VA (they infused the wrong drug). He won $60,000. It wasn't related to his SC disability.

Response by SGM David W. Carr LOM, DMSM MP SGT made Dec 8 at 2015 10:37 PM

SGM David W. Carr LOM, DMSM MP SGT — Tue, 08 Dec 2015 22:37:27 -0500

If someone were to hit me in the head or neck. I would be paralyized
The Temple VA referred me to the local S&W hospital to do my neck surgery after I had to used my TRICARE to bring my neck and spine problems to the VA. VA likes to give out Meds My lumbar disc are half gone So I have bone on bone too far gone for anything but fusion.
Cervic neck now has a cage for a C6, rods and screws. I had numbness prior to surgery.
An continue to have it in my arms and feet the nerve damage remained on my spinal cord increasing the spinal fluid did not make a dramatic change.

Response by PFC Chip Des made Dec 17 at 2015 1:09 PM

PFC Chip Des — Thu, 17 Dec 2015 13:09:25 -0500

looks like u need a better lawyer, try service officer VVA or any one guess u tried them all or how about private lawyer, look for contingency basis they get paid if u win, usually dont owe if they lose.