Retrograde Ejaculation and Medical Malpractice

[Toltori]

I had a turp procedure performed at the VA in September 2011. I ended up with retrograde ejaculation. The consent procedure was as covered several surgical procedures, but was misleading. I was getting up several times during the night to urinate, so I was referred to urology. When I quesdtioned the need for the turp procedure, I was assured that it was not clear that I needed the procedure, that although the consent covered that procedure, the surgeon would use her judgment and make that determination once she had the tube in me and could inspect my prostate. She went ahead and did the procedure. However, she ironically said to me after the surgery, "you prostate was not enlarged, but I went ahead and gave you a nice clean track". The statement was disconcerting, but I thought "well, I am stuck with having had the procedure, since it was covered by the consent". However, I recently spoke with a friend who had the same procedure (he is older than me) and he did not end up with retrograde ejaculation. That caused me to both get my records from the VA and do some research on my own. What I discovered in the records was verification that my prostate was not enlarged (she actually put it in writing) and I also discovered that although retrograde ejaculation is a possible complication, it only occurs in roughly 15% of cases. Finally, I note that I was very specific about stating my reservations about the procedure and the possibility of retrograde ejaculation and ask that the surgeon be one of the VA's attending doctors (both my concern about the possible complication and my reqest for a specific attending doctor (specifically named the one that was recommended to me - it is all in the records)). Despite all of that, I have discovered that at the time the procedure was performed on me, the surgeon was less than two years out of her residency, hardly the seasoned attending physician I requested. The most damaging aspect of the retrograde ejaculation is that is has virtually eliminated my orgasm, something that will now be with me for life. I believe that taken in their entirety, the circumstances reflect that I was far less than fully informed, which means the validity of the consent was negated and was, therefore, ineffective. Since the time, for purposes of the beginning of the statute of limitations, does not begin until a reasonable person would have discovered the malpractice. I believe that time is actually the time at which I spoke to my friend and subsequently reviewed my records.

 

[army judge]

Many have tried to sue the VA, many have failed.
A few have succeeded after a lengthy struggle and with legal assistance.
The sovereign, as is the government is immune from being sued, unless they agree to be sued.
Talk to a couple local attorneys.
They are best equipped to advise you in more detail.

You can also speak to any number of veterans groups for advice, too.

Some people contact their US Congressperson and their two US Senators.
They can be very helpful.

You can also read this:






http://www.nolo.com/legal-encyclope...ured-the-va-the-federal-torts-claims-act.html






http://www.tullylegal.com/forms/Guide_to_Suing_the_Department_of_Veterans_Affairs.pdf







http://www.militaryauthority.com/benefits/veterans-benefits/can-you-sue-the-va-for-malpractice.html







http://www.rawlsmcnelis.com/practice-areas/va-and-military-medical-malpractice/faq











http://www.carlsonmedicalmalpracticeattorneys.com/?gclid=CLKZzcLSgMICFcFDMgodxlwAkA

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