VA Hospitals May Provide Sub-Standard Care
Testing also seems to be a problem at VA hospitals or rather a lack of testing. Milman explains, We seem to find a tendency in the veterans cases to be more gravitated towards failure to provide timely testing such as having to wait for long periods of time, for example for an MRI.
What to Do If Youve Been a Victim of Malpractice at a VA Hospital
Veterans who have been the victim of malpractice in a VA hospital should understand that the cards may be stacked against them if they decide to file a claim. Milman stresses, The first thing they should try and do is acquire their hospital chart from the VA which can be a daunting task at best. Ive seen horrific cases where these veterans try and try and try and just cant seem to get their hands on their records. The other thing they should do is write down a chronology of he said she said. Take whatever pictures and collect whatever evidence they feel may be appropriate. They should also contact a good lawyer someone with expertise in this area of the law.
Be Persistent in Obtaining Your Medical Records
If you cant get a hold of your medical records, Milman says be persistent. Sometimes the VA will cooperate a little more if a veteran is lucky enough to know someone in the medical field and can arrange to have the records transmitted to a private practitioner such as a family friend who is a doctor. All I can say is the squeaky wheel gets the grease and they need to be persistent. Go to the medical records center or have a relative do so and just keep pushing.
What NOT to Do
As someone who knows the system, Milman also explained what NOT to do. They shouldnt put a lot of nasty things in writing. They shouldnt meet with the claims administrators for the VA and give recorded statements. They shouldnt rush off and start marching in front of the facility or contact the press. What they need to do is the three Cs be calm, cool and collected and not put anything in writing that may come back to haunt them because a federal judge, not a jury, will hear the case.