Latest News 2011 November Vet Sues VA for Medical Malpractice Due to Lacking Mental Health Care

Vet Sues VA for Medical Malpractice Due to Lacking Mental Health Care

As reported by the Times Leader, an Iraqi war veteran known for his medals and "limitless potential" has, over the course of six months, digressed to breaking into a pharmacy to obtain pain-killers because the VA, as stated in a lawsuit, largely ignored his need for counseling.

Sgt. S.L. was an asset as an effective leader in 2003, seeing many large battles and the invasion of Baghdad, before he was honorably discharged in 2007 and began suffering from post-traumatic stress disorder (PTSD).

In the six months following his discharge, S.L. had been arrested and jailed for breaking into a pharmacy to steal the pain medication he had developed an addiction for: Vicodin. 

S.L. and his wife, M.L., have filed a $10 million medical malpractice lawsuit naming the Department of Veterans Affairs as negligent in treating the former soldier at their Plains Township medical center.

The suit states that M.L. was diagnosed in April 2007 with PTSD.  The disorder is caused by severe traumatic experiences.  Someone suffering with PTSD may be afraid of crowds, as well as experiencing nightmares and mood swings.

The suit claims that the medical professionals at Plains Township bungled M.L.'s mental health treatment following his diagnosis.

Other claims are pending against the Department of Veterans Affairs in similar circumstances: They have been accused of providing only substandard care in treating veterans with PTSD.  In one claim in particular, the VA agreed to pay $350,000 after the soldier in question committed suicide when he allegedly couldn't get the mental health treatment he needed from the VA.

Massachusetts-based attorney, Cristobal Bonifaz, that represented the deceased soldier's family said, "The focus of the case was not what happened in Iraq, but what happened here.  I was not claiming damages for the PTSD itself. That was caused by the war. I was saying he had PTSD and the VA had a duty to treat him and they didn't."

This point made by Bonifaz will be of assistance in S.L.'s case as well as S.L. was declared 100 percent disabled by his PTSD.  His disorder, it was determined, was due to his five-month tour of duty in Iraq.

From April to August of 2007 - his arrest was in August - the Plains Township center prescribed medication only for his PTSD. 

But, within that time, S.L. was not given any counseling. 

Dan Brier, S.L.'s attorney, filed the lawsuit.  The suit states that the lack of care from the VA allowed S.L.'s disorder to progress on its own.   In his desperate need to self medicate with alcohol and drugs, he broke into the Olyphant pharmacy.

The spokesman for the VA has declined to comment on the pending litigation.  But, according to court documents, a psychological expert, for the VA, acknowledged that S.L.'s care fell beneath expected medical standards.

Also in court records, is the VA's denial of any liability.  The VA claims that staff could not predict that S.L. would steal medication. 

Brier said of the burglary and the lawsuit, "The incident at the pharmacy was a dramatic manifestation of his mistreated PTSD.  If he had received the care he was entitled to from the VA, he would not be 100 percent disabled today and he would not have resorted to painkillers to avoid the emotional horrors of his combat-related PTSD."

Have you become the unwitting victim of a physician's error or negligence?  Whether you are a highly regarded war veteran or not, contact a medical malpractice attorney for help with a lawsuit to reduce your own pain and suffering. 

Categories: Medical Malpractice