A federal medical malpractice lawsuit was filed earlier this month alleging that a 60-year-old former Marine suffered unimaginable horrors during treatment at the VA Medical Center in Indianapolis after he sought medical help for problems urinating.
His medical malpractice administrative claim was timely filed with the VA but was denied, from which he appealed. The federal lawsuit was filed pursuant to the provisions of the Federal Tort Claims Act, which requires that the United States of America be named as the Defendant in a medical malpractice claim against the VA following the proper presentation of the claim to the VA, that the lawsuit be filed in a federal district court, and that the case be tried before a federal judge (or federal magistrate) instead of a jury.
The Alleged Underlying Facts
The veteran alleges that he went to the Indianapolis VA Medical Center in May 2012 because his was having trouble urinating. According to the medical malpractice claim, a resident doctor inappropriately anesthetized the man’s penis before the resident attempted to insert a wire through his penis. As a result, the man began bleeding and was in excruciating pain.
The resident sought the assistance of another doctor to attempt to insert the wire through the man’s penis. According to the medical malpractice lawsuit, the two doctors worked for more than an hour attempting to force dilators through the man’s penis to open the man’s urinary tract so that a catheter could be inserted.
After the doctors left the room, the man had blood and urine on him and he had to seek help to clean himself. He was discharged to home without any pain medication but returned to the emergency room later that evening for an injection to relieve his substantial pain, according to the man’s medical malpractice allegations.
When the veteran returned to the Indianapolis VA Medical Center in June 2012 for surgery to address his urinary blockage, he vehemently insisted that the resident doctor who had attempted to treat him a month earlier have no involvement with his surgery or his care. However, upon awakening from anesthesia following the surgery, the resident doctor was at his bedside and advised the veteran that he inadvertently punctured the man’s prostate and possibly his rectum during the surgery. The man had to spend three nights as an inpatient before he was discharged to home.
The medical malpractice lawsuit alleges that the man suffers urinary incontinence, pain, suffering, and scarring, and will require additional surgery, as a result of the medical negligence at the Indianapolis VA Medical Center.
If you or a loved one received negligent or improper health care at a VA medical center or through the VA in the United States, you should promptly consult with a local medical malpractice attorney in your U.S. state who has experience with medical malpractice claims against the VA, who may investigate your VA medical malpractice claim for you and assist you in timely filing the appropriate administrative claim with the VA, and who may represent you in a federal medical malpractice case filed in federal court, if appropriate.
Click here to visit our website to be connected with VA medical malpractice lawyers in your state who may advise you regarding your rights and responsibilities in bringing a medical malpractice claim involving the VA and who may represent you in your VA medical malpractice claim. You may also reach us on our toll-free line: 800-295-3959.
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