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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118658
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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12/9/2015 Do I have a legal case. I know this may not help

Customer Question

Do I have a legal case.
I know this may not help my father (Holman Graham###-##-####, but it may help some other Veteran. I have the attached a letter I sent to Columbia Regional Benefit Office trying to get some help, no one contacted me. A letter is also attached that I planned to send to Washington, DC. I am so displease with the service my father received from the Charlie Norwood VA hospital in August, Ga.
My complaint is that he did not receive the home health care services he was supposed to receive upon his release from the hospital around July 2015.
• Home Health Care (a nurse to check medical conditions)
• Physical Therapy
• A ramp (He had to be carried to the car to attend his appointments.)- We were contacted around about August and were asked what type of ramp we wanted. After several conversations we decided on the built ramp. We were asked any many steps were attached to the porch, but no one ever came out to get measurements for the ramp.
• A walk-in Shower- Chrystal told us daddy could apply for the $2000.00 HISA grant to get the walk-in shower, but he had to try using the bench for the tub first. We tried the bench, but it was hard getting him in the tub. Several calls were made to inform Ms. Chrystal to inform her that bench weren’t work and father needed to apply for the HISA grant. We never received a call back.
• An air mattress to help with his bed sores. We received no feedback
The system just forgot about my father
After many more phone calls I final was able to reach Mr. O’Bryan the head of the Social Service Department in October. She stated that a service my father was supposed to receive in July was assign to a Health Care Service in Georgia. The Service declined the case, because my father lived in SC. From July to November nothing else was done concerning my father home Health care.
My father was admitted to the VA Hospital on November 11, 2015 for dehydration and not eating. He was sent home the afternoon of November 12, 2015, within 45 minutes of being home the EMS had to transport him to Allendale County Hospital. He was diagnosed with dehydration and a bladder infection. Allendale County EMS transported him back to the Charles Norwood VA hospital in Augusta. They continue to treat him for dehydration and wound nurse came in to care for his bed sores, which could have been prevented if he had received the care the doctor order for him at in July. My father was release from the VA hospital on November 16, 2015 and died at Allendale County Hospital November 17, 2015
After O’Bryan took over my father’s case in November, she began to get thing moving for him to start getting the Home Health Care the doctor ordered for him in July, but it was too late. The most hurtful thing was they came to build the ramp on November 18, 2015, a day after my father died.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would have a claim against the hospital for gross negligence if they failed to provide services to him that he was supposed to receive, such as the home care. Also, if they did not provide him proper treatment he needed and that caused him to die, you could have a wrongful death/malpractice case against the facility as well.
You would need a doctor to testify that their improper care at the facility was the cause of his deterioration and death, but if you get that then you have the malpractice case for wrongful death.
The failure to provide benefits due, is another cause of action, and if they agreed to provide them or were supposed to provide them, then that is the second cause of action.
So yes, you would need an attorney in GA, but you could indeed have a case against them. You also need to call and send a letter to your US Congressman and Senator, as this is another example of the failed VA system and how they do not help veterans.