Despite New VA Law Veterans Still Suffer

By Larry Bodine, Publisher of The National Trial Lawyers

Since the terrorist attacks that occurred on 9/11, the U.S. Department of Veterans Affairs has seen a sharp rise in medical cases from waves of military personnel returning from overseas. Regrettably, more than a thousand veterans may have died between 2001 and 2011 as the result of misconduct and a “culture of mismanagement” at the VA, according to U.S. Senator Tom Coburn.

In fact, since 2003, the VA has paid out approximately $100 million a year to settle more than 3,000 veterans’ medical malpractice claims, according to federal records. In the ten years after 9/11, the VA also paid $200 million to nearly 1,000 families in wrongful death cases.

In a notorious case, ex-Marine Christopher Ellison went to a Philadelphia VA hospital to get eight teeth extracted in 2007. In what should have been a routine dentist visit he suffered a stroke. His IQ was diminished to 68, which corresponds with mild mental retardation, and Ellison is now capable only of stating simple phrases and understanding simple instructions. His wife filed a medical malpractice action against the VA and a federal judge awarded the family $17.5 million in damages.

Protecting Our Troops

In an attempt to redress the serious problems in the VA system, the Veterans Access, Choice and Accountability Act was signed into law on August 7, 2014. It requires that all veterans must be provided with medical care within 30 days from the request at a facility that is not more than 40 miles from the veteran’s home. If care is not provided, the veteran will be able to make an appointment at a private facility and be reimbursed for such care.

The Act also provides for congressional oversight and increased funding to improve the VA system. However, the law will not apply to cases of medical malpractice or wrongful death resulting from the VA’s shoddy practices before August 1, 2014.

Common VA Malpractice Causes

Here are examples of some of the most common causes of medical malpractice in the VA.

  • An inability to make an appointment within the VA system, or cancel an appointment, which led to a delay in obtaining medical treatment.
  • Mistakes in diagnosing and treating illnesses and injuries by a VA hospital, doctor, or other health professional.
  • A VA institution’s failure to follow safe practices in general or specific instructions for a particular patient, resulting in falls, bedsores, malnutrition, and other injuries.
  • Evidence of a VA doctor, nurse, or other employee “covering up” past mistakes to avoid detection.
  • A diagnosis of cancer or other serious illness at a late stage where treatment is generally less successful than if it had it been diagnosed earlier.
  • A worsening of an injury or other medical condition that results in permanent loss of function in a body part or system, paralysis, or death.
  • A decline in the mental health of a veteran, which can be manifested in problems with family relationships, the inability to hold down a civilian job, a new or worsening drug or alcohol addiction, or a suicide attempt or completed suicide.

Types of harm from negligent practices

Our veterans put their lives on the line for their country, and they deserve better than the poor treatment offered by the Veterans Administration. A combination of new statutes, congressional oversight, and vigorous pursuit of wrongful death and malpractice claims should combine to improve the care at the VA’s 152 hospitals.

Larry Bodine is a lawyer and journalist who speaks and writes frequently on personal injury law. He is the Editor of Law Practice Advisor and Publisher of the National Trial Lawyers and is the former Editor in Chief of Lawyers.com. Readers can follow @Larrybodine on Twitter, on Google+ and on LinkedIn, where he moderates several law-related groups.