More Lawsuits Filed Alleging Medical Malpractice by Veterans Affairs

Boston, MAVeterans and their families are filing medical malpractice lawsuits against the Department of Veterans Affairs (VA) alleging veterans are subjected to sub-standard treatment while in the care of VA hospitals. The lawsuits involve both physical and psychological injuries including post-traumatic stress disorder. In fact, the VA is coming under fire for how it treats veterans who suffer post-traumatic stress disorder after their tour of duty.

"A medical malpractice lawsuit filed in July accuses the government and Veterans Affairs Secretary Jim Nicholson of negligence in the death of an Iraq war veteran who killed himself after being denied treatment at a VA medical center. According to the lawsuit, the veteran exhibited signs of post-traumatic stress disorder after his tour of duty in Iraq. The veteran suffered from nightmares, hallucinations, insomnia and depression. In May 2004, the veteran admitted himself to a VA medical center and was placed in a psychiatric ward but was released three days later. Only two days after his release, the family believes he attempted to kill himself in a car wreck. The veteran returned to the VA on June 5 but was denied treatment. Later that month, he committed suicide.

According to an article found online at seattlepi.com, the family later found out that the second time the veteran went to the hospital he was not even seen by a psychiatrist for evaluation. According to staff notes, the veteran also told staff about three ways that he could commit suicide. This treatment of veterans who suffer post-traumatic stress disorder is typical of the VA system, according to VA critics and another lawsuit recently filed by the Veterans for Common Sense and Veterans United for Truth.

This lawsuit, a class action, was filed on behalf of the hundreds of thousands of veterans who were wrongfully denied their medical benefits. The lawsuit alleges "shameful failures by the U.S. Department of Veterans Affairs ("VA") and other government institutions to care for those veterans who have returned from Iraq and Afghanistan and are now suffering from post-traumatic stress disorder ("PTSD")."

Plaintiffs in the class-action lawsuit allege violations of federal statutes guaranteeing health care for veterans, "unconscionable delays," "intentional denial of claims," and "under-funding and under-staffing of VA programs." The complaint further notes that the VA claims system is processing a backlog of over 600,000 claims with some claims taking in excess of 10 years to be decided.

Meanwhile, a family is investigating the possibility of a medical malpractice claim against the VA after a veteran had a below-the-knee amputation at a VA hospital. According to a report in the Southeast Texas Record, during the amputation, "the physicians and staff at the VA Hospital negligently paralyzed him from the waist down." The veteran was moved from the VA hospital to another facility because of the alleged negligence and because of bedsores the veteran developed while at the VA.

More and more lawsuits are being filed alleging medical malpractice in how the VA treats veterans with PTSD. They allege that treatment is being denied and veterans are not receiving proper care at VA hospitals. However, medical malpractice lawsuits do not just involve PTSD. Some veterans have complained that they are not receiving proper treatment for physical injuries, endure long wait-times for treatment, and in some cases suffer further injury at the hands of VA hospital staff.