Veterans Administration Medical Malpractice Information

 

VAmalpractice.info-Information about medical malpractice by VA doctors, & VA nurses & how the VA handles medical malpractice tort claims, section 151 benefits, lawyers who represent veterans with malpractice claims and other things that adversely affect the quality of medical care that veterans receive from  the Department of Veterans Affairs.

Information on medical malpractice by VA, or Veterans Administration hospitals, physicians, and clinics run by the Department of Veterans Affairs. While many veterans receive satisfactory medical care from the VA, others do not. This site is designed to provide information to those veterans, who have received negligent medical care, from a Veterans Administration hospital, doctor, physician’s assistant, surgeon or other VA medical provider and to encourage discussion about this problem. The VA is responsible for the US paying  out millions of dollars a week for medical malpractice claims under the Federal Tort Claims Act. It would be better for our veterans, and for the taxpayers, if the VA chose to provide better medical care instead.

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The GAO’s recent report that medical care at the VA is a high risk activity is nothing new. The Rocky movie series has had fewer remakes than the GAO’s studies into medical malpractice at the Department of Veterans Affairs.

GAO"s recent study indicating that the VA is at risk for committing medical malpractice is another in a string of GAO studies over the last several decades finding that the medical care that veterans receive at the VA often  is negligent!

GAO”s recent study indicating that the VA is at risk for committing medical malpractice is another in a string of GAO studies over the last several decades finding that the medical care that veterans receive at the VA often is negligent!

Who can forget these predecessors to the current GAO report about the poor quality of medical care at the VA?

 

The information on this web site is designed to encourage a discussion about Veterans Administration medical malpractice, malpractice claims and procedures. It is not intended to be legal advice. Legal advice can only be obtained from an attorney. If you have a medical malpractice claim against the Veterans Administration, you should consult with an attorney who is familiar with handling medical malpractice claims against the Veterans Administration and the Federal Tort Claims Act. W. Robb Graham, Esq. can be reached at www.VAmalpractice.com attorney who handles claims for veterans who have claims for malpractice against the VA, New Jersey VA Medical Malpractice lawyer, NJ Veterans Affairs Medical Malpractice attorney, NJ Veterans Administration Medical Malpractice Attorney, Philadelphia VA medical malpractice lawyer, Attorney for standard form 95 for claims for injury or wrongful death involving medical malpractice for veterans at the Philadelphia Department of Veterans Affairs Medical Center W. Robb Graham, Esq. , Federal Tort Claims Act attorney for veterans with medical malpractice claims from the Philadelphia Veterans Affairs Medical Center , Coatesville Veterans Affairs Medical Center, Lebanon Veterans Affairs Medical Center, Butler Veterans Affairs Medical Center , Erie Veterans Affairs Medical Center, Wilkes Barre Veterans Affairs Medical Center, Pittsburgh Veterans Affairs Medical Center, Ft. Dix VA Clinic, Camden N.J. VA Clinic W. Robb Graham, Esq. can be contacted through www.VAmalpractice.com

GAO study reveals huge delays in the VA’s referral of veterans to specialists.

and

GAO financial cover

GAO drs va bonuses 2013

and

1992Study by GAO finds that VA has not fixed medical malpractice mistakes that it identified in 198

1992 Study by GAO finds that VA has not fixed medical malpractice mistakes that it identified in 1985

 

and

GAO Report on Medical Malpractice at the Department of Veterans Affairs

 

If you think that medical malpractice is a new issue at the Department of medical affairs then you should read this New York Times Article from 1946!

REHABILITATION; Improved VA Medical Services Under Direction of Bradley Along Lines Urged by Baruch Win Praise of the Disabled

By HOWARD A. RUSK, M.D. ;

February 03, 1946,

In demanding the ouster of Gen. Omar Bradley as Veterans Administrator, John Stelle, head of the American Legion, charged the Veterans Administration with failure to use available hospital beds and indicated that thousands of veterans …

via REHABILITATION – Improved VA Medical Services Under Direction of Bradley Along Lines Urged by Baruch Win Praise of the Disabled – Article – NYTimes.com.

If you are contemplating suing the Department of Veterans Affairs for medical malpractice at a VA medical center, it is extremely important that you obtain all of your records. The VA rarely turns over its complete file to either claimants or attorneys, without a fight. Read this training that the VA gives its employees so that you understand what is innvolved in getting a medical record from the VA if it is going to be used in a medical malpractice case against the Department of Veterans Affairs.

If you are suing the VA for medical malpractice you need to understand how the VA"s electronic record system works

If you are suing the VA for medical malpractice you need to understand how the VA”s electronic record system works

Release of Information Processes and the Legal Health Record Practice Brief

Why are veterans frequently subjected to medical malpractice at the VA? Maybe it has something to do with the qualifications of the doctors who work at the Department of Veterans Affairs? Look at this recent example from a major VA medical center, where a doctor who had been disciplined the state medical board ended up getting an important position with the VA medical center.

 A top physician for the Miami Veterans Affairs healthcare system surrendered his medical license in New York and faced sanctions in Florida one year before he was tapped for his current position

Veterans Affairs doctor's licensed suspended in New York

Veterans Affairs doctor’s licensed suspended in New York

A top physician for the Miami Veterans Affairs healthcare system surrendered his medical license in New York and faced sanctions in Florida one year before he was tapped for his current position. The 2010 sanctions resulted from the case of a patient with a torn large intestine, who died under the care of Dr. Vincent A. DeGennaro, at a Fort Lauderdale hospital.

The Miami Herald reported that a 2008 complaint filed with the Florida Board of Medicine by Florida’s department of health alleges that DeGennaro misinterpreted his patient’s x-rays and failed to do proper follow up, resulting in the patient’s 2003 death.

DeGennaro, 68, did not answer a phone listed for his home in Pompano Beach Saturday. A recorded greeting said messages would not be returned.

It was not immediately clear why the complaint was filed so many years after the incident.

A spokesman for the Miami VA told the Herald in a statement that DeGennaro’s selection in 2011 as the senior executive physician for the Miami VA healthcare syst

VA doctor disciplined for negligent medical care by the Florida Medical Board

VA doctor disciplined for negligent medical care by the Florida Medical Board

em had been approved by the Veterans Affairs office in Washington, D.C. DeGennaro oversees dozens of doctors at one Miami hospital and several community clinics. He still performs surgeries and sees patients.

In 2010 DeGennaro surrendered his medical license in New York in an agreement stemming from the 2003 case. He agreed never to reapply for a physician’s license or again practice medicine in the state. DeGennaro could have had his license also suspended in Florida, but instead the Board of Medicine censured him and fined him $5,000, as well as charging him legal costs and 50 hours of community service.

DeGennaro’s case comes as the nation has increasingly scrutinized the Veterans Administration’s healthcare system for extensive delays and other problems in Florida and nationwide.

DegenDegennaro Florida Medical Board Disciplinary Ordernaro Fla  Degennaro NY Medical Board Suspension Order

via Top Miami VA doctor lost medical license in N.Y. – Modern Healthcare.

 Why is medical care at the VA not as good as it could be? Maybe its because the VA employs an army of “public affairs officers” who are really nothing more than spin doctors who manage to feed the popular media warm fuzzy press releases about the VA, which the popular media regurgitate to the public.

David Cowgill VISN 4 PAO receives “I don’t care award” for declaring victory of VISN 4′s quality of care issues during the height of the Pittsburgh VA’s Legionella debacle!

"I don't care" award given to those VA employees who set new standards for spindoctoring the VA" medical malpractice and other things that adversely affect the medical care that veterans recieve from the VA.

David Cowgill VISN 4 PAO receives “I don’t care award”

VISN 4 PAO helps to spread the word about medical malpracte and legionnairres disease

Its time for VAmalpractice.info to recognize those who have contributed the most to covering up what has been going on at the VA. Few people realize that the VA spends millions of dollars each year on its publicity machine. In fact the VA employs a group of spin doctors who make big tobbaco’s publicity efforts seem honorable. The VA probably does have some legitimate need to have a staff who can respond to media inquires and compose informational public service announcements, but do the taxpayers really benefit when the VA advertises that its” better than the best?”

Our first winner is David Cowgill whose efforts included producing a series of TV ads advertising that VISN 4 was “Better than the best.”Let’s face it takes guts to claim that your “better than the best” when your the subject of a Congressional investigation into an outbreak of Legionnaires’ disease, but then again this is the way the VA publicity machine deals with the VA’s problems: declare victory and go home!

During the height of the Legionalla outbreak these ads featured Michael Moreland claiming that the VA had taken on the leading hospitals in the country and had beaten them in various measurements.

When VISN 4 compared its ability to provide quality health care with the best hospitals in the United States, we equaled or exceeded our competition in every category. This is proof that our nation’s heroes are being provided the quality of health care that they richly deserve.

The measurement of things like “patient satisfaction” is subjective and comparison with surveys conducted at nonVA hospitals is difficult and gave the VISN 4 free reign to use fuzzy math at its finest! Interestingly the spots never mentioned that VISN 4 has the worst ventilator acquired pneumonia rate in the VA system. In fact it was far worse than the 22 other VISNS in the VA, but when your ads are not accountable to any agency for false advertising you can get away with things like this!

If this wasn’t enough his department made liberal use of the VA’s police department to keep Anderson Cooper’s colleagues out of the Pittsburgh VA and prevented members of the media from using recorders when they interviewed Michael E. Moreland, to record the interview. This is a standard reporting practice, which allows reporters to double check to make sure that they are actually quoting someone correctly, was prohibited by Mr. Cowgill and enforced by the VA’s armed police officers! So much for freedom of the press in VISN 4.

VA OIG confirms medical malpractice at the Erie, PA VA & Pittsburgh VAMC in treatment of cancer patient. More about this and other medical malpractice lawsuits involving the Pennsylvani Department of Veterans Affairs Hospitals including Pittsburgh, Philadelphia, Wilkes Barre, Erie, Butler, Coatesville & Lebanon & lawyers who represent veterans with these cases at VAmalpractice.info
VA OIG confirms medical malpractice at the Erie, PA VA & Pittsburgh VAMC in treatment of cancer patient.

VA declares victory over quality of care issues, despite the facts: or

“Maybe they’re drinking too much of their own Kool-Aid”

The September 25, 2013, VA OIG’s report “Quality of Care Issues: Erie VAMC & VA Pittsburgh Health System” is yet another in a series which should be called “More news from Michael Moreland and VISN 4.” The OIG’s 11 page report tells a sorry story about the medical treatment that a veteran received from August 15, 2102 through October 1, 2012 for his liver cancer, it tells an even sorrier tale about the “treatment” that this veteran and his family received from an institution that has the audacity to spend the taxpayer’s money to advertise that “it is better than the best.” These six weeks turned out to be the only medical care that the veteran would ever receive from the VA, as he died on October 6, 2012. The OIG found: We substantiated the allegation that VA providers did not diagnose the patient’s cancer.. We found VA providers missed opportunities to identify the patient’s cancer and determined several factors that may have contributed to providers not making the cancer diagnosis… We substantiated the allegation that the patient’s pain was not fully addressed… We substantiated the allegation that there were scheduling delays in the patient’s referrals and follow-up care… We substantiated the allegation that this patient did not receive comprehensive oversight through the continuum of his care… During interviews, many referring providers from the CBOC, Erie VAMC, and Pittsburgh HSC told us it was difficult to communicate with the gastroenterology and Hematology Clinic specialists. They told us their phones calls occasionally go unanswered and the specialists did not always return phone messages. Unfortunately none of these finding are surprising; but what is amazing is the indifference to reality that allows the VISN 4 leadership to continue their tireless campaign of self-promotion and disinformation at the expense of the taxpayers. Let’s look at the dates of this veteran’s treatment and a few other things that were happening in VISN 4:

  • 8/15/2012 Veteran’s first contact with VA system
  • 9/30/2012 End of VA’s fiscal 2012 year (This is the year that Michael Moreland received the $63,000 presidential award for)
  • 9/30/2012 VISN 4 is rated the worst in the country using the VA’s own ASPIRE quality measurement system for Ventilator Acquired Pneumonia
  • 10/01/2012 Veteran’s last of 13 contacts with VA system since 8/15
  • 10/06/2012 Veteran Dies
  • Fall 2012 VISN 4 “Vision for Excellence” features stories proclaiming that healthcare provided to veterans in VISN 4 is better than the health care provided by the top 5 hospitals in the nation.
Page 12 of the Fall 2012 VISN 4 "Vision for Excellence"

Page 12 of the Fall 2012 VISN 4 “Vision for Excellence”

Despite the tragic care that this veteran received, the fall 2012 “Vision for Excellence” had no trouble extolling the quality of the medical that VISN 4 delivered to veterans and pointed out that its ad campaign “Better than the Best,” informed Veterans that the quality of VISN 4’s care is equal to, or better than, the top five hospitals in the Nation. I’ve seen this ad and it unilaterally declares that VISN 4 “beat” the competition in vague areas like “patient satisfaction” by statistically insignificant percentages. With no explanation if these figures were gathered in the same manner at VA and nonVA institutions, Mr. Moreland enthusiastically claims that VISN 4 took on the likes of Johns Hopkins and won! The odds are pretty good that the veteran in this OIG report, along with a few who died from Legionnaires’ disease probably didn’t return their patient satisfaction surveys, but if they did they might disagree with Mr. Moreland’s evaluation. No matter what you’ve got to give Mr. Moreland credit, not everyone can get up and say that we are better than the best when you’re in the midst of a Legionnaires’ disease outbreak, a congressional investigation and you have the worst record in the entire VA ventilator‐associated pneumonias.

The Va's own data should have told them that here were big problems at the Pittsburgh VA More about medical malpractice at the Department of Veterans Affairs Lawyer for Philadelphia Veterans Affairs medical malpractice, W. Robb Graham, Esq. Lawyer for New Jersey Veterans Administration tort claim, Lawyer for New Jersey Veterans Administration medical malpractice claim, W. Robb Graham, Esq., VAmalpractice.com Lawyer for New Jersey VA malpractice claim, Lawyer for New Jersey VA medical malpractice tort claim, Lawyer for New Jersey Veterans Affairs medical malpractice lawsuit Lawyer for New Jersey Veterans Administration Federal tort claim, Lawyer for New Jersey Veterans Administration medical malpractice claim, W. Robb Graham, Esq.  Lawyer for New Jersey VA malpractice claim, Lawyer for New Jersey VA medical malpractice tort claim, Lawyer for New Jersey Veterans Affairs medical malpractice claim, Attorney for New Jersey Veterans Affairs medical malpractice, W. Robb Graham, Esq. VAmalpractice.com Attorney for New Jersey Veterans Administration tort claim, Attorney for New Jersey Veterans Administration medical malpractice claim, Attorney for New Jersey VA malpractice claim, Attorney for New Jersey VA medical malpractice tort claim, Attorney for New Jersey Veterans Affairs medical malpractice lawsuit Attorney for New Jersey Veterans Administration Federal tort claim W. Robb Graham, Esq. Attorney for Veterans Administration medical malpractice claim, Attorney for New Jersey VA malpractice claim, Attorney for New Jersey VA medical malpractice tort claim, Attorney for New Jersey Veterans Affairs medical malpractice claim, W. Robb Graham, Esq., more on VAmalpractice.info

While VISN 4 ran an ad called “Better than the best” that claimed that “it took on the competition and won.” This chart, from the VA’s own Aspire rankings shows that VISN 4 was dead last in the VA’s own rankings for a measurement that the VA considers important, but somehow Mr. Moreland didn’t mention it in the ad..

Ironically, nowhere in this “public service announcement” does Mr. Moreland mention that VISN 4 had the worst ventilator acquired pneumonia rate in the entire VA system. Out of the VA’s 23 VISNs, VISN 4’s record was twice as bad as the second worst VISN. This sort of head to head meaningful comparison would have provided veterans with meaningful information and would have been a “public service” because it would have warned veterans that they would have been better off going to any VISN besides VISN 4 if they were concerned about possibly getting ventilator‐associated pneumonia. Instead Michael Moreland just uses a lot of fuzzy math and unilaterally declares victory over all quality of care issues in VISN 4 and led veterans to believe that all is well. This superior level of chicanery did not go unnoticed in Washington, where this sort of thing is considered career enhancing and resulted in appropriated recognition:

…“Better than the Best,” informed Veterans that the quality of VISN 4’s care is equal to, or better than, the top five hospitals in the Nation. This campaign won first prize in VHA’s annual communications awards program in 2012.

  • 9/6/2013 Michael E. Moreland endorses the OIG report for the veteran who was treated so poorly at the Erie, VA, prior to his testimony at the 9/9/2013 HVAC hearing to examine preventable deaths and accountability at the VA. That must have put him in the right mood for the hearing. Maybe that’s why he looked so green?
Michael Moreland endorses OIG report finding medical malpractice at the Erie VA and Pittsburgh VA 3 days before he testifies at the HVAC hearing on Preventable Deaths and Lack of Accountability at the VA more about this and other medical malpractice cases at NJ and PA medical facilities and how to file claims against the VA or locate a lawyer who can represent a vetren with a medical malpractice case against the VA at VAmalpractice.info

Michael Moreland endorses OIG report finding medical malpractice at the Erie VA and Pittsburgh VA 3 days before he testifies at the HVAC hearing on Preventable Deaths and Lack of Accountability at the VA

Despite the overwhelming evidence contained numerous VA OIG reports and congressional investigations confirming patient safety lapses in VISN 4, during the last five years, VISN 4 continues to spend money explaining how it has done such a wonderful job dealing with patient safety.The VISN 4 web site continues to boldly state:

When VISN 4 compared its ability to provide quality health care with the best hospitals in the United States, we equaled or exceeded our competition in every category. This is proof that our nation’s heroes are being provided the quality of health care that they richly deserve.

Its most recent issue of “Vision for Excellence” it again extols how much VISN 4 has done in this area. This will be the subject of a future post called “VISN 4’s medical care “quality” publicity blitz, twisting the facts: Delusional fantasy, or indictable fraud?

Malpractice isn’t new at the VA. The reason why malpractice at the VA is now getting attention is that the public is more concerned about veterans from Iraq and Afghanistan than they were with Viet Nam era veterans.

Why has the quality of care at the VA received so much attention lately? While some will argue that it is as a result of things that have gone wrong over the last decade, I doubt that is the cause. The quality of of medical care at the Department of Veterans Affairs, and its predecessor the Veterans Administration has always been variable. The VA has always had many good health care providers who have provided outstanding medical care; unfortunately, the ability of the VA’s heath care providers has always been adversely affected by the VA’s administrators who manage to mismanage veterans ability to actually access the healthcare providers.

The VA’s insular bureaucracy is controlled by a group  of entrenched self-serving bureaucrats, who have placed their needs ahead of the need of the citizens for years. What other branch of the government so routinely ignores requests for information from Congress with impunity?

The reason why the VA’s failures appear so glaring now have nothing to do with any change in the quality of medical care at the VA. What has changed is now the status of veterans in our country has improved. During the 1970s and 1980s the VA primarily took care of Viet Nam veterans.  A large part of our society did not care for the Viet Nam war and many individuals were openly hostile to those who served in that war. Caring for a Viet Nam veteran was something that few individuals wanted to do as it was likely invoke criticism; therefore, the care that veterans received at the VA was just not something that most people, the press and politicians were concerned about. Individuals like Michael E. Moreland, were able to go to work at the VA knowing that they ran they show at the VA and were really accountable to no one but other VA bureaucrats. Now after another decade of war, there are many post Viet Nam veterans who receive their care at the VA. These individuals served their country at a time when members of the service were generally held in high esteem by their fellow citizens. When these veterans don’t get good care, it is something that the public, press and politicians are finally concerned with.

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We will also be posting other information about crime, fraud and other things that adversely affect the quality of medical care that veterans receive from the VA, so if  you have any information about medical malpractice at the Veterans Administration, or by a VA doctor, nurse or other health care provider please let us know about it.

The information on this web site is designed to encourage a discussion about Veterans Administration medical malpractice, malpractice claims and procedures. It is not intended to be legal advice. Legal advice can only be obtained from an attorney. If you have a medical malpractice claim against the Veterans Administration, you should consult with an attorney who is familiar with handling medical malpractice claims against the Veterans Administration and the Federal Tort Claims Act.

In the event that you have a Veterans Administration medical malpractice claim, you should immediately seek representation from an attorney who is experienced with litigating medical malpractice cases against the Veterans Administration or the VA.

Lawyer for Philadelphia Veterans Affairs medical malpractice, W. Robb Graham, Esq. Lawyer for New Jersey Veterans Administration tort claim, Lawyer for New Jersey Veterans Administration medical malpractice claim, W. Robb Graham, Esq., VAmalpractice.com Lawyer for New Jersey VA malpractice claim, Lawyer for New Jersey VA medical malpractice tort claim, Lawyer for New Jersey Veterans Affairs medical malpractice lawsuit Lawyer for New Jersey Veterans Administration Federal tort claim, Lawyer for New Jersey Veterans Administration medical malpractice claim, W. Robb Graham, Esq.  Lawyer for New Jersey VA malpractice claim, Lawyer for New Jersey VA medical malpractice tort claim, Lawyer for New Jersey Veterans Affairs medical malpractice claim, Attorney for New Jersey Veterans Affairs medical malpractice, W. Robb Graham, Esq. VAmalpractice.com Attorney for New Jersey Veterans Administration tort claim, Attorney for New Jersey Veterans Administration medical malpractice claim, Attorney for New Jersey VA malpractice claim, Attorney for New Jersey VA medical malpractice tort claim, Attorney for New Jersey Veterans Affairs medical malpractice lawsuit Attorney for New Jersey Veterans Administration Federal tort claim W. Robb Graham, Esq. Attorney for Veterans Administration medical malpractice claim, Attorney for New Jersey VA malpractice claim, Attorney for New Jersey VA medical malpractice tort claim, Attorney for New Jersey Veterans Affairs medical malpractice claim, W. Robb Graham, Esq., more on VAmalpractice.info

One thought on “Veterans Administration Medical Malpractice Information

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