http://www.garvinlegal.com/blog/medical-malpractice-recovery-rights-for-u-s-soldiers Fort Lauderdale Criminal Defense Lawyers | Garvin Law Firm | Fort Myers Personal Injury Lawyers | Florida Trial Attorneys Sun, 10 Jan 2010 15:59:51 -0700 http://wordpress.org/?v=2.8.6 hourly 1 http://www.garvinlegal.com/blog/medical-malpractice-recovery-rights-for-u-s-soldiers/comment-page-1#comment-52 VIVIAN CRITTENDEN Tue, 05 Jan 2010 22:57:54 +0000 http://www.garvinlegal.com/?p=667#comment-52 I too am a widow of a service member who suffered for 11 years and in many ways was abused by some of the doctors at the military hospitals because they did not want to do their jobs. My husband was put on TDRL January, 1999 and was dead Feb.13, 2001. He had missed an appointment with one of his physicians on Feb 9th because another appointment went over its time and he rescheduled for that Monday Feb. 12. He went to the emergency room to get a refill of the medication he was out of to cover him for the weekend until he saw his Doctor that Monday and the physician in ER gave him the meds at twice the mg than what he was taking and when he saw his Doctor that Monday and instead of correcting the mg. of the medicine he gave him the same mg. as the ER doctor had given and that Tuesday he died. I could not file a wrongful death suit against them because of the TDRL and the military could have medically discharged my husband in 1999 after the VA declared him 100% disable, plus the military knew he would never return to service due to the medical condition he was in and they also prolong actual care that could have been corrected. He complained about a pain up around the neck area in 1986 but all they did was took an x-ray of his back informed him he had a herniated disk and told him that was why he had the pain in the neck area. As he continued to go to them and tell them he believe there was more he was insulted by the doctors and even his change of command about always going to doctor appointments and missing work. They had him to see chiropractors and even see a physiatrist and tried to convince him it was all in his head. It wasn't until he had to really piss a doctor off in April 1997 that the doctor decided to order a cat scan told him to make an appointment with him in 2 weeks for the results and he will see that there was nothing else wrong. A couple of days later his doctor called him to come in about the results of the scan and it recommend a MRI. which the appointment was scheduled at the local hospital. Soon after the MRI was done on a Friday evening. Saturday morning I had dropped my husband off at a class he was taking and stopped to do some shopping and when I returned home my voice mail was full with calls from the military and local hospital needing to contact my husband. I found out that it was in reference to a test he had taken. I told them where he was and I would go pick him up and bring him in. I was informed to avoid all bumps as possible in the road bringing him in. I got him to the military hospital and they immediately had him to get on a board and they strapped him down and they transferred him to the local hospital to see an neurosurgeon that was on standby waiting to see him. We found out that my husband was a sneeze or speed bump from severing his spinal cord to be paralyzed from the neck down. The local surgeon wanted to do the surgery that Sunday because of how serious the situation was but they could not locate anyone with the authority to give the okay, so the surgeon released my husband against his better judgment and ordered him to complete bed rest with no movement unless necessary. When we saw his physician who he pissed off that ordered the scan he stated well don't forget I discovered this. They had my husband on all sorts of upper and downer medications and soon after it was found out that he was not faking his pain they just pored on the super strong medications where my husband was never the same. To look at him he was a very healthy individual and you would not think of him being as sick as he was. There was no way any of his physicians were talking to each other, because they would not have prescribe some of the medications he was on. They tried to claim he was an agoraphobic but that did not happen until they started to drug him like crazy. He even started to have seizures and they couldn't tell me why he had started to have them. The medical list where they are to keep a record of when he would pick up his medication was not kept correctly where I have medication bottles with the dates he picked up his medications but it is not on the list the pharmacy kept. When I filed a wrongful death suit against the military they couldn't find any records and I had to provide them with copies of his medical records that I had received from the attorney who represented my husband on his social security case. The federal judge who was assigned and my husband's attorney won the case do to the overwhelming evidence in his medical records that he would never be able to hold a regular job. When my husband died I and our children were wronged and the military hides its wrong deeds behind TDRL and keep the physicians who do they wrong deeds safe. I received a letter (after my attorney returned my copy of my husbands medical records informing me that we could not file a suit because he was TDRL) from Ft. Meade stating that my husband received excellent care when I have the proof that he didn't and at that time I had 6 months to file again, and if I would have it would have come out the same way he was TDRL and as it was explained to me is that when you are TDRL you are not in but you are not out the military but everything like life insurance and TRICARE is taken. What the member receives to live on is nothing. I feel it is happening to the ones who are returning from the conflicts that are going on now. My husband was only 42 years old and we had a lot of life to live but due to the military medicare and TDRL my family and our friends who knew him were robbed and no one has been held accountable for their actions or mistakes. How do I get justice, how dose his children get justice, what do I tell my grandchildren about the wrong and suffering we have had to endure at the hands of military medicine? Can anyone answer me or will they continue to let them hide behind TDRL? Please don't get me wrong I support out troops a 100% and I just wish my governments medical would do the same. I have sent letters to the different committees with no response. January 4,2010 would have been married 30 years and we have 3 grand babies he will never get to play with and spoil. Whatever I can do to help this go through I am willing. I thank the Rodideuz's family for bringing the horror to light and they have my support on this. I too am a widow of a service member who suffered for 11 years and in many ways was abused by some of the doctors at the military hospitals because they did not want to do their jobs.
My husband was put on TDRL January, 1999 and was dead Feb.13, 2001. He
had missed an appointment with one of his physicians on Feb 9th because
another appointment went over its time and he rescheduled for that Monday
Feb. 12. He went to the emergency room to get a refill of the medication
he was out of to cover him for the weekend until he saw his Doctor that
Monday and the physician in ER gave him the meds at twice the mg than
what he was taking and when he saw his Doctor that Monday and instead of
correcting the mg. of the medicine he gave him the same mg. as the ER
doctor had given and that Tuesday he died. I could not file a wrongful
death suit against them because of the TDRL and the military could have
medically discharged my husband in 1999 after the VA declared him 100%
disable, plus the military knew he would never return to service due to
the medical condition he was in and they also prolong actual care that
could have been corrected. He complained about a pain up around the neck
area in 1986 but all they did was took an x-ray of his back informed him
he had a herniated disk and told him that was why he had the pain in the
neck area. As he continued to go to them and tell them he believe there
was more he was insulted by the doctors and even his change of command
about always going to doctor appointments and missing work. They had him
to see chiropractors and even see a physiatrist and tried to convince him
it was all in his head.
It wasn’t until he had to really piss a doctor off in April 1997 that
the doctor decided to order a cat scan told him to make an appointment with him
in 2 weeks for the results and he will see that there was nothing else wrong.
A couple of days later his doctor called him to come in about the
results of the scan and it recommend a MRI. which the appointment was
scheduled at the local hospital. Soon after the MRI was done on a Friday
evening. Saturday morning I had dropped my husband off at a class he was taking
and stopped to do some shopping and when I returned home my voice mail
was full with calls from the military and local hospital needing to
contact my husband. I found out that it was in reference to a test he
had taken. I told them where he was and I would go pick him up and bring
him in. I was informed to avoid all bumps as possible in the road
bringing him in. I got him to the military hospital and they immediately
had him to get on a board and they strapped him down and they
transferred him to the local hospital to see an neurosurgeon that was on
standby waiting to see him. We found out that my husband was a sneeze or
speed bump from severing his spinal cord to be paralyzed from the neck
down.
The local surgeon wanted to do the surgery that Sunday because of how
serious the situation was but they could not locate anyone with the
authority to give the okay, so the surgeon released my husband against
his better judgment and ordered him to complete bed rest with no
movement unless necessary. When we saw his physician who he pissed off
that ordered the scan he stated well don’t forget I discovered this.
They had my husband on all sorts of upper and downer medications and
soon after it was found out that he was not faking his pain they just
pored on the super strong medications where my husband was never the
same. To look at him he was a very healthy individual and you would not
think of him being as sick as he was. There was no way any of his
physicians were talking to each other, because they would not have prescribe some of the medications he was on. They tried to claim he was an agoraphobic but
that did not happen until they started to drug him like crazy. He even
started to have seizures and they couldn’t tell me why he had started to
have them. The medical list where they are to keep a record of when he
would pick up his medication was not kept correctly where I have
medication bottles with the dates he picked up his medications but it is
not on the list the pharmacy kept. When I filed a wrongful death suit
against the military they couldn’t find any records and I had to provide
them with copies of his medical records that I had received from the
attorney who represented my husband on his social security case. The
federal judge who was assigned and my husband’s attorney won the case do
to the overwhelming evidence in his medical records that he would never
be able to hold a regular job. When my husband died I and our children were wronged and the military hides its wrong deeds behind TDRL and keep the physicians
who do they wrong deeds safe. I received a letter (after my attorney
returned my copy of my husbands medical records informing me that we
could not file a suit because he was TDRL) from Ft. Meade stating that
my husband received excellent care when I have the proof that he didn’t
and at that time I had 6 months to file again, and if I would have it
would have come out the same way he was TDRL and as it was explained to
me is that when you are TDRL you are not in but you are not out the
military but everything like life insurance and TRICARE is taken. What
the member receives to live on is nothing. I feel it is happening to
the ones who are returning from the conflicts that are going on now. My
husband was only 42 years old and we had a lot of life to live but due
to the military medicare and TDRL my family and our friends who knew him
were robbed and no one has been held accountable for their actions or
mistakes. How do I get justice, how dose his children get justice, what
do I tell my grandchildren about the wrong and suffering we have had to
endure at the hands of military medicine? Can anyone answer me or will
they continue to let them hide behind TDRL?
Please don’t get me wrong I support out troops a 100% and I just wish my governments medical would do the same. I have sent letters to the different committees with no response. January 4,2010 would have been married 30 years and we have 3 grand babies he will never get to play with and spoil. Whatever I can do to help this go through I am willing. I thank the Rodideuz’s family for bringing the horror to light and they have my support on this.

]]> http://www.garvinlegal.com/blog/medical-malpractice-recovery-rights-for-u-s-soldiers/comment-page-1#comment-16 web guy Mon, 07 Dec 2009 01:16:06 +0000 http://www.garvinlegal.com/?p=667#comment-16 I concur. I concur.

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