Legal Question in Medical Malpractice in Alabama

Treatment at VA Facilities

My husband, a Vietnam era veteran, had Hepatitis C and was being treated at the Birmingham VA Hospital for this condition & complications caused from it. In March 2004, he was sent to Nashville, TN for liver transplant evaluation, but was not accepted at that time. Returned Nov, 04 but told that he had 2 tumors in his liver & was denied transplant. We requested medical records to take to Mayo Clinic & discovered that the drs in Nashville believed that he had cancer when they saw him in March based on blood work. We were never told this by either B'ham or Nashville. We went to Mayo in Dec & were told he then had 3 tumors and nothing could be done. Got back home on Dec 12 & he passed away on Dec 15. I believe that he ''fell thru the crack'' with the VA & by them doing nothing in March, they allowed him to die. Is there any legal action that can be taken against the VA? I don't want another veteran to slip thru like my husband did.


Asked on 6/28/05, 7:17 pm

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Treatment at VA Facilities

First, let me express my sympathies to you over your loss. I'm sure it has been a trying experience.

Second, you need to understand that medical malpractice cases are among the most difficult cases to get a favorable verdict and they almost never settle - no matter how egregious the malpractice. That being said, there is a possibility here that you have a viable claim. It depends on whether an earlier diagnoses would have been able to help your husband live a significantly longer life. While I am not a doctor, Liver Cancer is one of the worst type of cancers - with about 4% of individuals living past five years. The problem though as always - is early detection, and specifically whether a March, 2004 detection would have allowed for an operation to remove the cancer successfully. Given that your husband already had Hep C, this option seems unlikely. However, I am not the expert. The first step is to have the early medical records reviewed by a competent expert in the field. An attorney can arrange this for you. If you would like to discuss this more, please do not hesitate to call me at 205-458-1100.

Sincerely,

Sterling L. DeRamus

Attorney at Law

2015 First Avenue North

Birmingham, Alabama 35203

[email protected]

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Answered on 6/29/05, 6:48 am


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