Vet sues Phoenix VA
Tucson News Now reports that Army veteran Steven Cooper has filed a $50 million lawsuit against the Veterans’ Affairs Department because they didn’t diagnose his prostate cancer in a timely manner. By the time it was discovered, he was in stage 4;
The 44-year-old Valley veteran is convinced that his illness would not have become a death sentence, if only he had received basic medical care from Phoenix VA Medical Center.
Cooper’s attorney Gregory Patton filed the $50 million lawsuit against the VA for medical negligence, claiming that Cooper tried for more than a year to get an appointment at the hospital, and when he was finally examined, a nurse practitioner disregarded an abnormality in his prostate.
The lawsuit states that the nurse practitioner, “Did not order any further testing… refer Mr. Cooper to a urologist or schedule follow-up appointments.”
“She tells him that he’s fine and that there isn’t any required testing and isn’t anything to worry about,” said Patton. “He believes her – he trusts her – and unfortunately that cost him his life.”
While I sympathize with Mr. Cooper, if lawsuits are supposed to punish the defendants and to teach them to stop their bad behavior, I don’t think any number of lawsuits can change the culture at the VA. I think if there was an abnormality on any of my scans on my internal workings, I’d be riding herd on a number of medical professionals to find out what it meant. But, that’s me. I’m not sure how a $50 million lawsuit will help anyone except his girlfriend when Mr Cooper passes.
Thanks to Eggs for the link.
Category: Veterans' Affairs Department
Jonn’s right. They may be the ‘medical experts,’ but it’s YOUR body. I don’t care what any medical professional tells you; if you are still worried, and something doesn’t seem right, PURSUE THE ISSUE, up to and including paying for medical care yourself with a private practitioner. Remember this old adage: no matter what a doctor does to YOU, HE gets to go home at night.
This is probably the only way that you can hold a clinician or physician accountable in the VA. The VA does not have to hold their employees accountable, plain and simple.
His next step should be to take the MD in question to his/her state licensing board. Revoke that license and the VA will start paying attention. They will fight it and argue preemption, but no license means no practice.
The VA inherently believes that their employees that practice medicine do so under a VA standard. Which, by the way, is generally different from individual states and those of broad clinical acceptance.
I do not know how far this suit will go as I do not think you can sue the VA. But if the VA passes on this then it will be this guy versus the United States.
I am sorry for his predicament. 44 seems awfully young for that ailment, but maybe it’s not. The article is lopsided. We have no idea what the facts are but, because it’s the VA, I tend to believe his claim that the malady was not diagnosed as early as it should have been. He did go to the VA. It’s not as if he woke up dead and someone drove him there. I have a hard time blaming the VA victim here.
I know my PCP believes that men over 40 should have them anually, so while young, it’s not abnormally so.
That being said, $50 million out of a budget of $160 billion? Rounding error. They spend more on artwork for the lobbies. Even if they did pay up, nothing will have changed.
The American Cancer Society recommends that men consider starting screening for prostate cancer beginning at age 50 (45 if you’re African-American or have a family history of prostate cancer). I’m lucky that my family doctor started screening me at 40, so that when my PSA took a jump at 48, he sent me to a urologist and I got diagnosed before the cancer had a chance to spread.
I really ought to go to doctors more often. Aside from a broken bone or two, a nasty gut infection when I was 20-something, a nasty foot infection and a bout with pneumonia when I was 30 something, I have been to see a doctor exactly…never. And, no, I will not do the obamacare wellness visit bullshit. I will pay the penalty, thanks.
You’re right, you really ought to! If I hadn’t gotten regular screenings, I’d probably be in the same boat as that poor guy in the story. I had a sister-in-law who died of colon cancer at 61, who most likely would still be alive today had she gotten colonoscopies at the recommended times. The problem with many cancers is that if you don’t see a doctor until they become symptomatic, it’s often too late to do anything about it.
FYI… the IRS can only collect the penalty from a tax refund. No refund, no penalty.
That last line of mine was lousy. What I meant to convey is that I have a hard time blaming the Veteran. (Read “hard time” to mean I cannot blame him.)
The individuals responsible will not be the ones paying, and most likely will not even face a reprimand.
THIS is what single-payer health care looks like. I cannot imagine why so many want to push this level of ‘free care’ on the rest of the nation.
Well, the article doesn’t mention this but one just doesn’t file a lawsuit against a gov’t agency w/o first broaching the issue, administratively, with the agency. No mention is made of that so either an offer of settlement wasn’t made (and this is where the other side’s facts are important) or one was made and it was rejected. (Also, there are no punitive damages available.)
I’d tend to agree that those who should pay won’t. Even if they gave up a settlement of 5 million, the next play would be the VA talking about how they can’t perform certain functions until the next FY because they don’t have the budget for it.
“Sorry, we can’t do MRIs this year because of that lawsuit. Maybe next year’s budget will allow it. Now excuse me, I have to catch my limo to go meet POTUS on the golf course.”
The five stages of grief are denial, anger, bargaining, depression and acceptance. I think Mr. Cooper is at stage two. Sorry this happened to him but we’re all part of the same human condition and unfortunately, people make mistakes (even medical people). There is, of course, more to the story and maybe all the facts will come out in the end. I hope he and his family can find some peace if his condition is, indeed, terminal.
I am going through this right now and I have to agree with Jonn. I’m 55, have a family history of prostate cancer and though my PSA is still within the upper limits of normal for my age (3.4), it went up 1 point on a year.
The VA initially dismissed it as normal but I requested a Free PSA (type of more comprehensive test) anyway and they agreed. Once I get those tests back I’ll either be referred to a Urologist or go on the 6 month screening regimin. VA or civilian doc you have to be informed and part of the process.