Veteran Medical Malpractice: Protecting yourself before it's too late

December 14, 2006, 12:00AM. By Heidi Turner

Being in the care of Veterans Administration (VA) does not guarantee that you won't be a victim of medical malpractice.

Mistakes can and do happen in any medical setting. Some of these errors are minor and cause slight frustration for the patient. However, other errors can put the health of the patient at risk and can result in death.

Because there is a possibility of malpractice occurring while in VA care, it is often up to the patient to take steps to make sure that as few mistakes as possible are made. There are a number of things that can be done to protect yourself while in the care of a VA doctor (although the tips are true of any medical provider).

1. Check your medications - When a doctor prescribes you medicine, make sure you know what he or she has prescribed and make sure that is exactly what is given to you. If you notice a disparity between what the doctor has prescribed and what is being given, report it immediately. Also make sure you fully understand what the medication is being prescribed to treat and what the possible side effects are. If you have any reactions to medicine, record them and make sure to tell your doctor immediately.

2. Know exactly when your next appointment is scheduled for (or meant to be). Unfortunately, there can be a lack of communication between various departments at VA hospitals, or between VA doctors and specialists. If a doctor sends you to a specialist, ask the doctor how long the wait is to see the specialist. If an appointment is not scheduled within that timeframe, follow up with your doctor to make sure an appointment was scheduled. Scheduling delays can cause serious health problems for people seeking medical attention so make sure all necessary appointments are being scheduled in a timely manner.

3. Follow-up on all test results - If you've had a test done but haven't heard back from your doctor, follow-up to make sure that he received the results. Unfortunately, test results do get misplaced, especially if they are being shuffled from person to person.


4. Know your medical records and report any inaccuracies - one of the problems with medical records being computerized is that it is easy for an error, once in your record, to stay for a long time. Something as simple as a clerk typing "days" instead of "years" can make a huge difference to your treatment and your health. A good rule of thumb is to keep your own records so you can show where the inaccuracies in the VA's records occur. As soon as you notice an error, report it immediately and request that it be changed.

5. Although it may seem silly, make sure that everyone in the hospital knows who you are - If someone comes to examine you, make sure they know your name. The same is true if they are transporting you into surgery. According to a study by VA safety experts (at PBS.org), of the incorrect surgeries performed at VA hospitals, 36 percent involved surgery on the wrong patient. It only takes a second to introduce yourself and it can save you a lot of hassle and frustration, not to mention possibly preventing you from undergoing a surgery you don't need.

6. Make sure the site to be operated on is clearly marked - of the incorrect surgeries mentioned earlier, 44 percent involved left/right errors, meaning that surgery was performed on the left leg when it should have been performed on the right leg. Make sure that the area to be operated on is clearly marked so the surgeons know exactly where they are working, and check to make sure that the markings have not rubbed off before you go into surgery.

7. Write down any questions you have for the doctor - jot down your questions and concerns before your appointment and bring them in with you. You can also consider bringing someone you know into the appointment with you, such as a family member or close friend. He or she can remind you of any questions you had and can be a second set of ears to listen to what your doctor says.

8. Insist that everyone coming into contact with you washes their hands - doing so helps prevent the spread of infection.

Following the above tips will help keep you safer while under VA care, but it will not guarantee that problems won't arise. Unfortunately, medical malpractice can occur at VA hospitals just as it can happen anywhere else.

If you have been the victim of medical malpractice while at a VA hospital you have the right to sue the United States government under the Federal Tort Claims Act (FTCA).

However, there are a couple of things to keep in mind when considering whether or not to file a suit against the U.S. government. First, there is a statute of limitations governing how long you have to file suit. The statute of limitations is generally two years, but each state has different time limits. Second, if you fail to comply with the FTCA, the claim can be dismissed.

Claims of medical malpractice at VA hospitals include problems such as errors in diagnosing patients and infections caused by unsanitary conditions. In some of the more serious cases, people can die as a result of negligence on the part of VA hospital staff.