Wednesday, December 9, 2009

Veteran with cancer sued hospital for denied testing

Medical Malpractice Lawsuit: Veteran had cancer, denied colonoscopy

Veteran with cancer sued hospital for denied testing

Legal news for New York Medical Malpractice attorneys–A war veteran was denied a colonoscopy when he had colon cancer, which caused him to file a lawsuit against hospital.

Buffalo, NY ( – A local war veteran is suing a New York VA hospital after being denied a colonoscopy, when he had a history of colon cancer, according to WIVB, on December 3, 2009.

The veteran, David Cohen, found out later that the hospitals rejection may have put him in a situation where cancer may claim this man’s life. The patriot, who proudly fought for his country in the U.S. Navy, now fights a personal battle of colon cancer.

Cohen was diagnosed with stage four colorectal cancer in August 2009 in Buffalo’s VA hospital. He said that his history of colon cancer began with his grandmother, along with several other family members. Cohen, knowing that this deadly type of cancer ran in his bloodline, requested a colonoscopy and was denied several times.

Cohen’s prognosis states that he only has 26 months to live, but he plans on surpassing that time frame. He now shares the simple message with all people he meets that they should not take no for an answer and to go with your gut. Cohen filed a lawsuit against the VA hospital.

Veteran with cancer sued hospital for denied testing


There is something just wrong about this, the VA hospital where I go insists I have a colonscopy and I do not have a famiy hostory of colon cancer, I did serve in areas where Agent Orange was used, but none of the blood tests show any elevated rates, I think the test they use for pre colon cancer screening is called a PSAT and I have never raised any warning flags and I don't see any reason to go thru the colonoscopy. Why would this VA hospital deny a person who has a family history of it? Is it possible that he is not service connected for any medical problems to military service and his income is to high for him to be considred low income and thus eleigible for VA health care. Many people assume just because you are a veteran that you can go to the VA for healthcare, this is not true and thereare many obstacles to getting all of your health care from the VA.

In most cases the veteran has to have a service related medical problem rated higher than 50% or higher, the medical problem you are seeking treatment for is already service connected, or you have been under poverty level income for the previous year. This story sounds bad on the basis of this article but there are many questions not asked or answered here. I will not get upset until I learn more of the facts. I have received excellent treatment from the VA, and I am just a regular veteran, I have nothing in my past that makes me eligible for special treatment from the VA.

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