Frequently Asked Questions (FAQ)
Q1: What is the background of the patient involved in this case?
A1:The patient was a 66-year-old American male at the time of the incident. Mr. Kerner is an Army veteran. He was mis-diagnosed with Stage 2+ bladder cancer affecting the left bladder wall. Told he had 3 weeks to 6 months to live.; two and one half years ago.
THAT was a LIE. He was told Chemo and Re-sectioning (constant surgery) was what he had to look forward to. Best to call his wife from the Hospital with this news, so it wouldn't be as dramatic for her when he returned home, to tell her. The VA Hospital has been hiding behind U.S. Government Legal Counsel since January 2023.
Q2: What initial treatments did the patient undergo?
A2: The patient underwent tumor removal surgery. Six weeks post-surgery, a PET CT scan showed no active cancer, leading to the decision that a nephrostomy tube intended to bypass a presumed blocked left ureter was unnecessary, as no blockage was found.
What is a nephrostomy bag for kidneys?
A nephrostomy tube is a thin catheter placed into your kidney to drain urine. You may have one tube in a kidney or two tubes, one in each kidney. The urine collects in a bag attached to the tube. In most cases, the bag is attached to your leg.
Q3: Were there any follow-up procedures?
A3: Yes, the patient had two cystoscopy inspections over four months, neither of which detected any cancerous tumors in the bladder. As a precaution, the nephrostomy was internalized for an additional two months before being removed, having never been necessary.
Q4: What has been the patient's health status since these procedures?
A4: Three years after the initial treatment, the patient remains free of bladder cancer.
Q5: How did the medical professionals respond to the PET CT scan results?
A5: Despite the PET CT scan showing no active cancer, some medical professionals refused to acknowledge these findings, relying solely on the initial pathology report. This led the patient to seek other medical professionals to address the unnecessary interventions.
Q6: What potential civil actions could be taken against the responsible medical facility?
A6: Possible civil claims include medical malpractice, negligence, and infliction of emotional distress. These claims could address the unnecessary medical procedures and the refusal to consider clear diagnostic evidence.
Q7: Who would be the defendants in such a lawsuit?
A7: In this scenario, the Defendant(s) in the Lawsuit for Medical Malpractice by the VA Medical Center, in Las Vegas, Nevada, is titled Plaintiff versus United States of America. This is a very important stipulation in Filing a lawsuit against the VA for this purpose. Be sure to read up on the Federal Tort Claims Act
Q8: What external oversight entities might be interested in this case?
A8: Entities such as the Office of Inspector General (OIG) for Veterans Affairs, the Department of Justice's Office of Professional Responsibility (OPR), and Congressional Oversight Committees on Veterans’ Affairs may be interested in investigating this case.
Q9: How can one contact these oversight entities?
Q10: What steps can be taken if government attorneys use procedural tactics to delay or dismiss a legitimate claim?
A10: Strategies include engaging Congressional support, filing formal complaints with the OIG or OPR, involving veterans' advocacy groups, and considering alternative dispute resolution methods. These steps can help ensure the complaint is reviewed on its merits.
Q11: How can sharing this story help prevent similar situations?
A11: Publicizing this story can raise awareness about potential issues within the VA Medical Care system, encourage other veterans to share their experiences, and prompt systemic changes to prevent similar occurrences in the future.
Q12: How would this situation make you feel if it happened to your loved one?
A12: Such a situation would likely evoke feelings of frustration, betrayal, and concern for the well-being of a loved one subjected to unnecessary medical procedures and inadequate acknowledgment of clear diagnostic evidence.
Q13: How does this reflect upon the VA Medical Care system?
A13: This case highlights potential shortcomings in the VA Medical Care system, including possible issues with diagnostic acknowledgment, patient communication, and the necessity of procedures. It underscores the need for systemic improvements to ensure veterans receive appropriate and effective medical care.
By reflecting on these questions and answers, readers can better understand the challenges faced by veterans within the medical system and consider the broader implications for healthcare practices.
Q14: How can this process be simplified?
A14: The complexity of dealing with medical malpractice, government bureaucracy, and VA claims often discourages veterans from pursuing justice. AI automation has the potential to revolutionize this process by streamlining claims, identifying procedural abuses, and ensuring oversight agencies receive complete, well-structured documentation instantly.
We're actively working on an AI-driven solution to simplify and automate much of this process—helping veterans and their families navigate the system with speed, accuracy, and fairness. This project aims to remove unnecessary obstacles, reduce procedural delays, and hold institutions accountable without requiring years of legal battles.