Medical Malpractice Punctured Bowel During Surgery

[jabeje09]

In May 2008 I had a 3cm tumor removed from my colon by the VA. They had to go back in a week after the 1st operation and remove a blockage. I was sent home with an open incision from my navel to my brest bone. Even though I eventually healed externally, my insides did not and a very large abdominal hernia formed. In April 2009 the VA cut me open again, repaired the hernia and put in surgical mesh to hold my insides together. During that operation someone punctured my bowel and I was back in the OR being cut open again in about a week. They had to clean out my insides and remove the mesh as well as repair my bowel. I was sent home with several tubes sticking out of me and was on home care for 7 weeks. After the surgery the Surgeon told my wife and son and later on me that his team was responsible and was both negligent and careless for not catching their mistake. I have to go back into surgery this coming July to have all of this done over again.
I have not been able to work since 2008. I was under and am still under a doctors orders not to. I look like my wife did when she was nine months pregnant.
I filed for compensation but have recently been denied due to the lack of confirming data in my records. I have appealed that decision but it is probably doomed also. I have asked the surgeon several times to help me with my claim by putting something in writing in my records without success.
My question is; Even though this guy is with the VA, can I sue him for malpractice so I can get some financial relief?

 

[army judge]

In May 2008 I had a 3cm tumor removed from my colon by the VA. They had to go back in a week after the 1st operation and remove a blockage. I was sent home with an open incision from my navel to my brest bone. Even though I eventually healed externally, my insides did not and a very large abdominal hernia formed. In April 2009 the VA cut me open again, repaired the hernia and put in surgical mesh to hold my insides together. During that operation someone punctured my bowel and I was back in the OR being cut open again in about a week. They had to clean out my insides and remove the mesh as well as repair my bowel. I was sent home with several tubes sticking out of me and was on home care for 7 weeks. After the surgery the Surgeon told my wife and son and later on me that his team was responsible and was both negligent and careless for not catching their mistake. I have to go back into surgery this coming July to have all of this done over again.
I have not been able to work since 2008. I was under and am still under a doctors orders not to. I look like my wife did when she was nine months pregnant.
I filed for compensation but have recently been denied due to the lack of confirming data in my records. I have appealed that decision but it is probably doomed also. I have asked the surgeon several times to help me with my claim by putting something in writing in my records without success.
My question is; Even though this guy is with the VA, can I sue him for malpractice so I can get some financial relief?

First of all, thank you for your service to our nation.

I regret that you are having to endure this torture and abuse.

Your day will come, but not the way you expect it.

Sure, you CAN sue him.

More than likely, he's immune.

The VA is immune, too.

Even if you sued them, cases like this take years!

I'd just follow up with the appeal process.

It is lengthy, but they'll reward you sooner than you might imagine.

I'd also file a social security disability claim.

A local attorney will handle the appeal for you, IF your initial claim is denied.

Again, social security wants to delay.

Follow through with the appeal, and more than likely you'll eventually prevail.

You've got substantiating documentation to support why you can't work.

You are under the care and orders of the "butchers" that mutilated and and "tortured" you!

The appeal takes time, unfortunately.

But, they'll eventually rulke in your favor at the ALJ level.

You might also work with veterans support groups (VFW, DVA, American Legion, Red Cross).

They can guide and assist you with the appeals process.

You'll eventually receive all that is due to you.

More than likely, you'll get 100% disability!

They want to discourage you, so the "fakers" and "malingerers" will eventually give up and walk away.

You're neither of those.

You're a deserving veteran that deserves the reward and compensation you seek.

Hang in there, and thanks for your service and continued sacrifice for our nation!

 

[jabeje09]

Thank you for the kind words and encouraging advise.