Malpractice Lawyers for Advice

[Skywalker]

Do we have any good lawyers that deal with docs? I have a story that is killing me and I would love to pursue something and just don't know if I can or not. PM me if you are in this field and I'm tell you, I have been done wrong and have all the proof I need or any lawyer should need. In short, Feb 08, had an issue that felt like I was having a stroke and rushed to the ER and done some simple test but because I was in the military and a military ER they seen in the computer I have chronic anxiety and depression. So, what do they focus on! Anxiety of course. I have retired 3 Nov 08 and till this day the left side of my head never ever stops hurting and it's 24/7/365 deep left side head pain and will blow into a full blown migraine which I never had before from this core prob when my blood pressure goes up from sometimes the simple daily life stressors. Keep this in mind, I have an email from Randolph AFB Medical Board Colonel Stevens that I was told before I went to the medical board from my military PA that he and my PA do not see eye to eye and he was saying I will not get a fair Formal Medical Board Hearing. Guess what, they ignored my military lawyer and the law books and crapped on my! I then had a young NCO in the medical field that was the PEBLO or go between me and the process of the medical board to give me a hard copy of a email from the Randolph AFB Medical Board team that included old Colonel Stevens and said to cinch my diagnosis and they put in bold and upper case letters "Without a definitive diagnosis" he will not receive additional compensation or retirement from the USAF. With that said, I have continued to pursue and pursue civilian Neuro docs because just after the incident in Feb 08 with the numbness and I do say after the issue the military docs found multiple rare lesions on my brain and was on it but that is when the email came into to play and I was told, "well, it's not MS and we don't know what it is". They were following orders! be stupid and no definitive diagnosis!!! So, I ask my doc as he was ready to end the phone call with that info as I said, "well, what is it then"? Could be a stroke I don't know and just dropped it. As I then went via TRICARE and started the pursuit with civilian neuro docs it became obvious each was prepped for a anxiety filled patient and to patronize me and was even told by one to think of them as UFO's, what an idiot! I was told by the 1st one as she put her hand in my face and said "I don't care about the lesions on your brain and I'm a friend with doctor Chen and a personal friend, I'm sure he is taking good care of you"! You guys see what I see! Bull **** and a cover up and doing exactly what the AF directed them to do and it's carried over to the civilian sector as the TRICARE office is right next door in the same building with the AF here and my docs that started this chit! After now 19 months of be sent home from four civilian neuro docs with nothing more then a pat on the back I have registered with the VA Hospital and although I'm still pursuing a disability rating as they have not yet done my MH eval as they ignored it totally and I'm sure on purpose and was supposed to be done last Sept 08 and I'm still fighting for that but, I went to the VA for an appointment for treatment with a neuro doc per my request and figured why not... the civilians were all programed and did little to nothing except squeeze my fingers and looked into my eyes and watch me walk and sent me home. Last Monday I met that VA appointment in Denver and I was very stern and I told them, I have anxiety and you better not even focus on that for I have a physical issue and it has not stopped in now 19 months and the AF was told to ignore it and that the VA would help. I told them don't you think, that if this was anxiety after 19 months and tons of meds and the fact I'm not working and i"m home sleeping most of the time and now on narcotics for the pain and 8 ER trips for morphine and deloted injections that anxiety this would come and go but not stay constant! This is long but thanks for following with me, I need you guys... this worked for the VA neuro doc worked with me for three hours and brought in a 2nd VA neuro doc and you could see the intelligence and the care and true concern! They diagnosed me as I described to the max that I was for years about to explode and thought about each day at work in the AF that will I hurt someone today or not? They diagnosed and said it's rare and she had studied about it but I have a neurological type brain damage due to extreme anxiety and had basically a break down and it was not my galfers either! LOL Now, she says what I wanted to hear, they put the diagnosis into the VA computer and said, there is treatment and it's a 50/50 percent chance this can help and they are treating me with a very strong 500 MG pill three times a day for 9 days. So, for 19 months I was patronized/ignored and wasting time/money/effort as these guys took TRICARE money for a quick usually 10 - 15 minute visit for nothing. I feel so good to know that for the 1st time I have a diagnosis and although it's brain damage, we have a path or a plan and I think these damn docs should have their arse kicked. Also, my current civilian PA I noted as he put me in for the appointment or request for referral with TRICARE it was for a psychiatrist/Neurologist and as TRICARE read to me, my PA always noted that he has severe anxiety which again would lead them to focus on this and not the facts that I provided. This has about killed me and I know this is very personal and I feel there is a lot of smart and caring people on here and I just needed to share and I would love to pursue legal action if that can be done and these local docs/lawyers are all in the same boat and would be better to get outside that boat and start fresh! As well, almost forgot! I provided those two VA docs a MRI that was accomplished only about 3 months ago which was only the 2nd MRI ever and took me 16 months to get approval for it... they "Colorado Spring Imaging" with Ischemic Leukoecephalomalacia. This was my lead in with the VA docs as I provided them with the printout and the CD. My last NEURO appointment with the civilian doc in Denver he didn't even want to see them and did not look at that CD or report and even suggested neuro type meds even after I told him I have two psychiatrist with PHD's and was being well taking care of and that he should focus on the fact and my other doctors have that part covered. These guys should be held responsible for their bullchit ability and they obviously care more about their cheap suits then my health. The End!

 

[B@DA$$08BUS@]

Sky, I regret to tell u this, but there is nothing u can do. From my experience in the military one can not file suite against the govt as a military individual retired or not. I think even if it were deliberate malpractice on the drs part ur r still screwed. My wife is an attorney and I will confer with her but I think u r stuck. I will keep u posted after chatting with her later.
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[Projekt]

Have you thought of just cutting all the psych meds loose? It is common for shrinks to end up over-prescribing multiple meds that only lead to other problems. Finding a natural unmedicated outlet for this anxiety/depression should be your primary focus. You mention staying home out of work and sleeping is your routine. This could be amplifying your symptoms. Are you able to undertake some kind of fitness routine? Good luck with your struggles.

 

[rubbersidedown]

Staying home,not working,sleeping is classic depression for sure.

IMHO I dont think you have a chance for a law suit. They didnt operate and cut off the wrong leg,or leave a scappel inside you,or misdiagnose cancer for a head cold. Thats just what I think,but if yer serious,get to a lawyer.Most wont charge for a first visit and will take the case (if they think you can win) and wont charge a nickle until they get you a cheque.

Good luck with it.

RSD.

 

[mrjoeys50]

mmmm tuff one... Thing about military docs are they see tons of malingering done by troops for multiple reasons. This sometimes clouds their judgment to other pt's that need true care. I do not have an answer for you, however, it seems you have been diagnosed and there is a path with a light at the end of your tunnel. Sucks that others ruined it for you, but sometimes it is what it is??? Good luck brother

 

[Skywalker]

Now remember, the military started this stuff with that email instructing the medical staff here at Peterson AFB, CO to coord with the Neuro Doc at the USAFA here in Colorado but all docs after that was only influnced by this and they were four civilian neuro docs and are not under military protection. However, I agree they didn't cut a wrong leg or anything like that but they for sure intended and did affect the outcome of my military retirement pay based off their intentions to stay away from a difinitive diagnosis and did not and would not give a diagnosis. My military lawyer looked with me into the VA Schedule of Rating which talks to each medical issue you have and based off of the severity of each condition as my lawyer quoted in my recored Formal Hearing I should have been rated about 70% military retired pay.... this is not to be confused with VA Disability but my military retirement pay! As well from a legal viewpoint some things are changing but again my focus is really toward the four civilian docs that did nothing but pat me on the back and wish me good luck! Check this out thought for the active duty mil members they may need this info and maybe could come into play with me. Let your wife know this as well please: The House Judiciary Subcommittee recently approved the Carmelo Rodriguez Military Medical Accountability Act would allow military service members to prosecute the government for medical malpractice. The bill would also allow lawsuits on behalf of military personnel who are killed or injured by medical malpractice, but would contain an exception for combat-related injuries. The full text of HR 1478 is available on Military.com's Legislative Center.

Sky, I regret to tell u this, but there is nothing u can do. From my experience in the military one can not file suite against the govt as a military individual retired or not. I think even if it were deliberate malpractice on the drs part ur r still screwed. My wife is an attorney and I will confer with her but I think u r stuck. I will keep u posted after chatting with her later.
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[Skywalker]

Boy have I. I have for what ever reason kept 95% of the bottles that this crap came in and in approx 18 months I have a crogery bag full just to show how much they have gave me. I have had it all and you are right, I done lots of research and found that the ZOLOFT and Lexapro at the same time is why I passed out once while driving on base and once in my basement and if I had not found this on google they whould have just kept on. I have a friend on here Busa Dale that has suggested St John's Warts and that is a natural substance. I hate one of my shrinks... money hungry, she has me on SerQuel and SerQuel XR for nights and man do I sleep and even have to be woke and worry because I have sever sleep Apnea and I do wear the mask. I do need the sleep "PRO" for the pain never goes away ever and at best it's a 2 out of 10 scale. The rest helps or staying calm. The Shrink gives me one perscription for each of all the stuff I have and the other is nerve pills which is Clonazapam and I take six a day and they just keep me calm and trust me I need it. I get hot quick and over little of nothing. I have tried many times to do without and if it would fly I'd do it but I'm all bent out of shape. I'm not saying this want work in the future but I have tried the without but the natural stuff may be an avenue I will take but think I better continue the guidance while i'm ingaged with the VA for my compensation rating that is still ongoing even after all this time. VA is slow as swell!

Have you thought of just cutting all the psych meds loose? It is common for shrinks to end up over-prescribing multiple meds that only lead to other problems. Finding a natural unmedicated outlet for this anxiety/depression should be your primary focus. You mention staying home out of work and sleeping is your routine. This could be amplifying your symptoms. Are you able to undertake some kind of fitness routine? Good luck with your struggles.

 

[Skywalker]

I don't work for I'm sure I can't and was moved six times my last seven years of service due to not bad performance but my nerves and no longer taking chit being called names in relations to my sothern herritage. I have been called everything under the sun and seen **** while on duty and taking on my commander for the request of one of my femal members due to sexual advances from the commander as I as a Senior NCO via the IG had to do. Then the retalition came and that was the 3rd time in my 21 year career and by that time I was in a take no chit mode no matter who it was. Had I have not been on the meds they would have busted me I'm sure and I got away with telling them what I thought more then once. About four months ago my good shrink seen my MRI and new that I'm not crazy all alone and was experiencing something that was what I always new, physical damage. She then did a memo and basically total disabled me with a lone line of issues that leads to the fact that I'm socially and industrially impared and it's severe, PTSD, Anxiety, OCD, Depression, paranoya and can not socialize and a few other words that I don't know how to spell and or what they mean. That is why I don't work and even around here at home I have to get medicated to just be able to go out in the garage to work on the Busa or the cars. I usually have such headach's that turn into migranes several times a week due to the core problem from the now known physical neuroligical damage.

Staying home,not working,sleeping is classic depression for sure.

IMHO I dont think you have a chance for a law suit. They didnt operate and cut off the wrong leg,or leave a scappel inside you,or misdiagnose cancer for a head cold. Thats just what I think,but if yer serious,get to a lawyer.Most wont charge for a first visit and will take the case (if they think you can win) and wont charge a nickle until they get you a cheque.

Good luck with it.

RSD.

 

[B@DA$$08BUS@]

Just let my wife read posts, she said that up until this moment u can not file suite still. If that bill does get signed by the pres and get passed, unless there is a grandfather clause(which there won't be) u would still be out of luck. As far as the civilian docs, she is not familiar withhow that would work if they were contracted by govt or whatever.
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[Projekt]

The problem with psychiatrists is that they tend to push the meds they are supplied by the pharmaceutical companies. Believe it or not, lot's of the Doctors don't know much more about the meds than you do because they are on a limited schedule with you per visit. You need to continue informing yourself and try to keep a diary about what works and what doesn't. St. John's Wort may cause a reaction when mixed with your other meds. Run it by your Dr. and do some research before considering using it.
What is your caffeine intake like? Have you been screened for Diabetes or other metabolic disorders? I ask this because of your description of symptoms such as anxiety and extreme irritability.

 

[rubbersidedown]

What is your caffeine intake like? Have you been screened for Diabetes or other metabolic disorders? I ask this because of your description of symptoms such as anxiety and extreme irritability.

Definately stay away from coffee,tea,cola's,energy drinks...you name it.

Rubb.

 

[Skywalker]

I want to thank all of you and it helps just to have friends that know the situation and feel that someone cares which for 18 months not one person did that was in the military and or medical field that should have been of concern. The folks on this board show more care and concern then anyone in my military chain and supervisors and even my 1st Sergeant/Chief/Wing Commander and folks of everyday life and I just wanted to share. Pretty evident that once you have give 21 plus years of service and have a medical problem the military could care less about you except, where is the next body coming from and how can we the military chit on them to make sure that we have the upper hand and take any and all funds or benefits as so evident in my experience. Anywho, again thanks for your support and concerns....

 

[djsin]

pm me.. i have these migraines to....get off the meds and have botox injection done..it will provide you relief(i hope) I have had them everyday for 13 years until my neurologist did this for me

 

[Skywalker]

A girl that my wife works with has botox injections as well and says it helps or stops her migraines and I beleive her. however, in my case... I have confirmed neurological type damage, I see my PA this week and will inform his worthless arse that the VA has now confirmed physical brain damage and I'll mention the botox or maybe that would be betted posed to the VA doc since they gave me the diagnoses of brain damage. If that is an option I'll pursue for sure. Thanks much, the imatrex only helps very little as I suspect that is because it's triggered by the core problem of the physical damage.

pm me.. i have these migraines to....get off the meds and have botox injection done..it will provide you relief(i hope) I have had them everyday for 13 years until my neurologist did this for me

 

[skydivr]

1. Go to the VA; you have benefits and see if you can get help there.

2. You can always take the nuclear option; contact your Congressman.

 

[Skywalker]

The VA is the one's that just gave me a diagnosis last Monday when in the past 19 months the four civilian neuro docs ignored my issues as anxiety and didn't even do any test. That is what makes me so mad that I have gone now 19 months and it took the VA to nail it! They are treating me with a 50/50 chance to help correct the neuro damage cause by I guess a melt down from ultra super high anxiety due to the maltreatment or unprofessional treatment that tormented me for just a little to long that last year of service. I just wish that a doctor could be sued when it's obvious they ignored everything I have told them and done nothing. I really never expected much from my very 1st VA treatment type appointment but it was the best and there were two neuro docs and they spent 3 hours with me. They did a great job!

1. Go to the VA; you have benefits and see if you can get help there.

2. You can always take the nuclear option; contact your Congressman.

 

[djsin]

u can try relpex, and trecimex(imitrex with coden) as well
both work better then imitrex and wont make you feel lousy..i have imitrex in a shot that works like an epi pen...the botox they will do as a pre courser to surgery if the botox works then they know they can surgically fix it

 

[skydivr]

The VA will not only treat you, but they will also document if you should have to request or increase disability.

 

[Skywalker]

I just had a comp and pen appointment 3 weeks ago and then past Monday get this brain damage diagnosed. I requested in writing release of records for that specific appointment but was told that I will have to go back to the DAV and submit via the DAV as additional information. Looks like Comp and Pen would just pull it up per my request considering they are looking at my rating right not but no! Nothing is easy and this just adds to my anxiety.

The VA will not only treat you, but they will also document if you should have to request or increase disability.

 

[si-lo]

The fact that you were finally diagnosed is probably the only thing you should be concerned about. As far as malpractice, I really do not see where there was any gross negligence on the part of any doctors. They may not have had the same sense of urgency that you had but docs generally can get away with doing the minimum required for diagnoses. There are so many other things that could have been wrong and they generally take it one step at a time. Usually it is medicate then change meds and maybe change them again, and then run the test that shows the problem. I know a girl who is stage 4 lymphoma because the mil docs wanted to treat other possibilities(took 3.5 yrs) before ruling out cancer. I know it sucks and you feel like they just blew you off, but just be thankful that you now have a diagnosis.

Sky, I regret to tell u this, but there is nothing u can do. From my experience in the military one can not file suite against the govt as a military individual retired or not.
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This used to be the case, however it was finally changed. But every attorney will tell you, or should, that you would be hard pressed to win any case against the military. You have to have some rock solid evidence that just cannot be disputed. Another avenue to consider is to sue the doc as an individual and possibly prevent them from ever being licensed once they have resigned their commission, but again it's not that easy either. Doctor's have many outs when it comes to medicine.

I think the VA is so thorough because they don't like paperwork anymore than we do. I'm pretty lucky to live so close to the Salt Lake VA hospital. They are top notch.