VA Negligence Lawsuit Filed By A U.S. Army Veteran Dying Of Cancer After VA Hospital Fails To Catch Signs Of Cancer
A new medical negligence suit filed against a Veterans’ Affairs hospital in Phoenix is just the latest in a long line of million dollar malpractice and negligence suits against VA hospitals across the country. The latest case states that a U.S. Army veteran is dying of cancer due to the negligence of the VA hospital in failing to catch the signs of cancer earlier.
The medical negligence lawsuit claims that if the veteran had received proper medical care from the Phoenix VA Medical Center earlier, he would not be dying today. The lawsuit states that the man tried to get an appointment at the VA hospital for over a year before he was admitted. When he was finally admitted, the lawsuit alleges that medical staff ignored warning signs in his examination and did not order additional testing or screening for cancer. In fact, the lawsuit states that the hospital did not even refer the man to another doctor or schedule a future appointment. The lawsuit claims that the hospital told the man he was cancer-free and had nothing to worry about. [wfsb.com/story/30368017/valley-veteran-dying-of-cancer-files-50-million-lawsuit-against-phoenix-va, November 2015]
However, when the man visited another doctor a year later, his cancer was so far advanced that the doctors could do nothing to completely remove the cancer. According to the lawsuit, the man is now counting down the days until he dies of cancer.
This is not the first negligence or malpractice case filed against the VA. In fact, it is just one of thousands of cases filed against the VA. [wsbtv.com/VA-lawsuits/, November 2015]
- The family of a veteran was awarded $5.75 million for a missed diagnosis that led to organ failure. The man died on the operating table.
- Another veteran’s widow was awarded $875K due to a missed cancer diagnosis that led to the death of her husband.
- The family of a man with a heart condition who died during surgery was awarded a $300 malpractice settlement.
- The largest payout awarded so far was given to a veteran for a failed tooth extraction that caused brain damage and left him paralyzed. The man was awarded $17.5 million by the VA.
- In 2012, investigative firm Cox Media Group found that the VA has paid over $800 million in settlement fees to over 4,400 veterans since 2003. In 2012 alone, 454 claims led to the VA hospital paying $93.3 million in settlements.
In addition to numerous malpractice and negligence cases, the VA has also come under fire for its mistreatment of government funds and whistleblowers. According to several cases, the VA has fired whistleblowers for reporting false claims to the government. One nurse who was awarded a $1 million settlement by the VA for wrongful termination is now taking the case to the Michigan Supreme Court because the VA hospital did not pay any of the settlement due. [http://www.mlive.com/news/saginaw/index.ssf/2015/11/fired_healthsource_nurse_fight.html, November 2015]
According to a University of Harvard report, VA hospitals pay settlements in about 25 percent of claims, which is higher than the 20 percent paid by most private hospitals. Individuals who believe the VA hospital showed negligence or malpractice have two years to report the issue to the VA hospital. The hospital ca then choose to offer a settlement within six months before the case goes to trial.
