• john waltz September 24, 2012 at 8:05 am

    i have a question about "no harm being done", i am a veteran and have filed a request for reconsideration with the va general counsel in washington D.C. i was being seen as a patient in a va pain managment clinic for 10 months. i was sent there by my va primary care doctor for cervical spine pain and left shoulder pain,the only "tests" that were preformed was an examination where you walk on your heels and toes plus a range of motion of my neck. i complained of severe pain that the medications the doctors precribed were almost compleatly inneffective over these 10 months, yet no other tests were preformed. so i went and had an mri done outside the va which showed damage to my entire cervical spine including a hernaited disk at c5-c6, bone spurring at c6-c7,an annular tear at c4-c5 and nerve compression at c5-c6 and c6-c7 i will be having cervical surgery outside the va system to decompress fuse with plate c5-6 and c6-c7, in the va regional counsel denial letter it stated that herniation of c5-c6 manifests itself by having pain from the neck to the fingertips on the affected side.( this is not always the case) and the specialist the va had as their reviewer stated; even if an mri was not preformed in a timly manner no harm was done because of the delay. note; the va never did an mri. it has been almost 3 years since i was first seen in the va pain managment clinic and i have been going to a non-va pain managment clinic since feburary of 2012, they immiditally placed me on morphine sulfate 15 mg. er tabs and oxycodone 2 times a day. so i guess i am asking if i have been going through this kind of pain for nearly 3 years can mental anguish from untreated severe pain and no tests other then mentioned be considered damage?

    • LAS_Admin September 24, 2012 at 9:59 am

      Hi John, What an awful time you've had–can't imagine how you must've felt after finally getting the results from the MRI. Well, to answer your question, mental anguish can sometimes be considered as harm for which damages are sought. But, being as I'm not a lawyer myself, your best bet would be to submit a complaint form (it's a free service–no obligation to you) for an attorney who specializes in veterans medical malpractice to review. You can do that by filling out the form here:… ; you can also find more information about VA Medical Malpractice on this page:

  • Larry Strout September 28, 2013 at 2:24 am

    The prospect of being sued is now a fact of life in any profession, whether by a quick buck artist or a legitimate claim has no bearing on what you will spend to defend yourself. For that reason we unfortunately have to take precautions that have little to do with actual treatment or rendering aid. Fortunately this can also enforce better treatment by requiring thorough diagnostics at an expense to the patient, sometimes extreme expense. Just look at all the forms you have to sign if you decline testing that you can not afford. But if you have insurance guess who ultimately pays for that too. Is it any wonder that you have to have a legal staff to practice medicine and health insurance costs are so out of reach?

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