Veterans Affairs Medical Malpractice: VA System at Breaking Point

Washington, DCIn addition to facing claims of Veteran medical malpractice, the Department of Veterans Affairs (VA) now faces criticism that veterans are waiting too long for appointments, not being put on waiting lists when they should be, and waiting too long to be accepted to the VA system.

According to an article in McClatchy Newspapers, the VA has significantly overstated its ability to get patients to see doctors in a timely manner. Earlier this year, VA officials told Congress that 95 percent of appointments are scheduled "within 30 days of a patient's requested date." However, McClatchy Newspapers, citing a report by the VA inspector general, reports that number is closer to 75 percent, with some medical centers only scheduling 64 percent of appointments within 30 days of the patient's requested date. Even the center with the highest percentage, Detroit, only received 84 percent, well below the touted 95 percent.

Furthermore, while the VA claimed that 96 percent of primary-care appointments and 95 percent of specialty-care appointments were within 30 days, the inspector general found that 78 percent of primary-care appointments and 73 percent of specialty-care appointments were within 30 days.

The inspector general also found that schedulers did not keep up-to-date waiting lists for patients who needed appointments, in violation of VA rules. Problems with waiting lists, as outlined in a report in the Observer, involve patient numbers that suddenly increase and decrease in short time spans. Within a few weeks last year the number of veterans on a waiting list for eye care at the Asheville VA hospital jumped from zero to above 800-- twice.

The inspector general's report, which is in draft form and could still be revised, is based on an analysis of medical appointments, referrals, and interviews.

Meanwhile, several experts on veterans' health have expressed concern that the VA system is at its breaking point. The chairman of the House Committee on Veterans Affairs said that the past six years of warfare have resulted in over 200,000 claims filed with the VA. Despite an approved $13 billion spending increase for the VA in the coming year, the system is still overloaded.

Additionally, claims are now more complicated that they used to be. New veterans often wait months before their eligibility for VA medical care is determined because the average application lists17 possible grounds for claims. The average wait for a ruling on disability claims is six months, while appeals take an average of two years.

Further complicating the process for veterans is an outdated system of assessing disability claims, according to the Institute of Medicine panel. Among the problems with the system are obsolete medical definitions and a list of ailments that does not include traumatic brain injury. The system is also based on injuries and earnings losses that have not been updated for 40 years. This means that the formula used to assess claims does not take into account advances in therapies and prosthetics. Finally, the formula does not include the effects of injuries on quality of life.

If you have suffered because your eligibility for a claim with the VA was unreasonably delayed, or because of medical malpractice on the part of employees of the VA system, contact a lawyer to discuss your options.