Our Veterans Have Lung Cancer and the VA Is Failing Them

A recent lawsuit filed by our firm in South Carolina for a military veteran highlights the importance of the standard of care when it comes to medicine and medical malpractice. Standard of care is the generally accepted medical practice that a physician would provide for a patient with a similar medical condition. One example of an accepted standard of care would be screening for lung cancer in a patient who has smoked for years and is not getting regular CT scans, and failure to do so could be considered medical negligence.

McGowan, Hood, Felder & Phillips has filed a lawsuit against the United States Government and a Veterans Administration Health Care Entity on behalf of our client and her late husband. We have alleged in the complaint that her late husband’s physicians failed to screen him properly for lung cancer and it contributed to his death.

Per court documents:

99. Mr. Ecklund was not screened annually for lung cancer.

100. Earlier screening in Mr. Ecklund, who was at high risk for developing lung cancer, would have resulted in much earlier detection and a better outcome.

101. Additionally, once Mr. Ecklund showed signs and symptoms of lung cancer, the VAMC unreasonably and negligently delayed ordering and conducting tests to confirm Mr. Ecklund’s cancer diagnosis and initiating treatment.

102. Mr. Ecklund had abnormal chest imaging on September 23, 2020.

103. No one from the VAMC acted in response to the radiology report, which noted, “SIGNIFICANT ABNORMALITY, ATTN NEEDED” until Mr. and Mrs. Ecklund called to follow up on the results.

…

108. The injuries to Plaintiff and the suffering and death of Mr. Ecklund were the direct and proximate result of and were caused and occasioned by the negligence, carelessness, recklessness, willfulness, and wantonness on the part of the United States and its agents, employees, and servants in failing to possess and exercise that degree of medical training, competency, and skill ordinarily and customarily possessed and exercised by medical professionals in similar circumstances.

In this particular case, the standard of care requires that yearly CT scans be performed on individuals over 50 with a particular “pack year” age, which is the number of cigarettes smoked per day multiplied by the number of years smoked. The VA is required to provide this standard of care to veterans who rely on the VA as their primary care physician. Failure to provide the standard of care could be considered medical malpractice.

The primary care physicians at the VA in South Carolina allegedly did not provide this care to Mr. Ecklund, which resulted in his pain, suffering, and eventual death. The VA must provide quality medical care to veterans, and this alleged failure is considered medical negligence. The issue is compounded by the fact that the VA has a history of malfeasance and a lack of accountability when it comes to medical errors.

In the mid-2000s, the VA in South Carolina was found to be negligent in screening for colonoscopies, which resulted in over 50 people developing cancer. The Office of Inspector General (OIG) investigated and found they were using less effective tests as well. This is an alarming revelation that indicates the VA’s lack of accountability when it comes to medical malpractice.

The same thing could be happening with CT scans and smokers over age fifty. The VA may not be providing the standard of care required for these individuals, which could result in serious harm or death. The VA’s lack of accountability and history of negligence could result in a significant number of veterans not receiving the medical care they require, resulting in preventable deaths.

I’m a South Carolina veteran diagnosed with lung cancer. What are my options?

Veterans who have been harmed or died due to the VA’s failure to provide the standard of care may have legal options available to them. Medical malpractice cases involve a complex legal process, and it is crucial to consult with an experienced South Carolina attorney who has a background in handling VA medical malpractice cases.

To pursue a medical malpractice case against the VA, you must meet several legal requirements must be met, including:

• Proving that a doctor-patient relationship existed
• The doctor failed to provide the required standard of care
• The failure to provide the standard of care resulted in harm or death to the patient

Proving these elements can be difficult, and requires a thorough investigation of the medical records and other evidence. It is also important to note that there are certain legal protections in place for the VA, which can make it more challenging to pursue a medical malpractice case.

Despite these challenges, it is important to hold the VA accountable for its failure to provide the required standard of care to veterans. Medical malpractice cases can provide compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the negligence of medical professionals.

In addition to pursuing legal action, it is important to advocate for systemic changes within the VA healthcare system. This could include implementing a system of transparency and accountability, regular audits of VA medical facilities, and the implementation of strict penalties for those who fail to provide the required standard of care.

There are also other avenues available for addressing the issue of medical malpractice within the VA healthcare system. Veterans and their families can report medical errors and issues to the VA Patient Advocacy Program, which provides support and assistance to veterans who have experienced harm due to medical malpractice or other issues. VA patients also have the following rights, outlined here.

In the meantime, if you believe you or a loved one developed lung cancer as a result of the VA failing to perform their due diligence, you may be eligible for compensation. If you were a patient at:

Columbia VA Health Care System	6439 Garners Ferry Road Columbia, SC 29209-1639	803-776-4000
Ralph H. Johnson VA Medical Center	109 Bee Street Charleston, SC 29401-5799	843-577-5011 843-577-5011
VA Community Resource and Referral Center	2424 City Hall Lane North Charleston, SC 29405
Aiken Community Based Outpatient Clinic	951 Millbrook Avenue Aiken, SC 29803	803-643-9016
Anderson Clinic	3030 North Highway 81 Anderson, SC 29621	864-224-5450
Beaufort Clinic	1 Pinckney Blvd Beaufort, SC 29902	843-770-0444
Florence CBOC	1822 Sally Hill Farms Road Florence, SC 29501	843-292-8383
Goose Creek CBOC	2418 NNPTC Circle Goose Creek, SC 29445	843-577-5011 x3100
Greenville Clinic	41 Park Creek Drive Greenville, SC 29605	864-299-1600
Myrtle Beach CBOC	1800 Airpark Drive Myrtle Beach, SC 29577	843-477-0177
North Charleston VA CBOC	6450 Rivers Ave. North Charleston, SC 29406	843-789-6400
Orangeburg Clinic	151 Magnolia Village Parkway Orangeburg, SC 29118	803-533-1335
Rock Hill Clinic	2670 Mills Park Drive Rock Hill, SC 29732	803-366-4848
Spartanburg CBOC	279 North Grove Medical Park Drive Spartanburg, SC 29303	864-582-7025
Sumter Clinic	407 North Salem Avenue Sumter, SC 29150	803-938-9901
Charleston, SC Vet Center	3625 West Montague Avenue North Charleston, SC 29418	843-789-7000
Columbia, SC Vet Center	1710 Richland Street, Suite A Columbia, SC 29201	803-765-9944
Greenville, SC Vet Center	3 Caledon Court, Suite B Greenville, SC 29615	864-271-2711
Myrtle Beach Vet Center	1101 Johnson Ave, Suite 201 Myrtle Beach, SC 29577	843-232-2441

…talk to the VA medical malpractice lawyers at McGowan, Hood, Felder & Phillips, LLC in South Carolina today – we want to hear your story. To schedule a no-cost case review with an experienced member of our team, call our offices or fill out our contact form today.