Health Law

September 6, 2011

VA’s electronic informed consent pads — Never sign a form you have not read and understand!

Rationale:

Any form that you sign for a medical procedure becomes a legal document certifying that you have read and understand every single issue that may result from this procedure. Death and injury may occur from a medical procedure. For instance, anesthesiology is a very risky and dangerous process and medical procedure – that is required for many operations.

The informed consent will list death as a possible result of this procedure. Once you sign that electronic pad / form, you are acknowledging that you understand and accepted any risks, and you have determined the benefit of the operation / procedure outweigh any risks you have been “informed.” The Law Office of Robert B. Goss, P.C. can assist you, see https://www.attorneyforveterans.com/lawyer-attorney-1325515.html

But the VA told me its normal procedure just to sign the electronic pad – where I cannot read the informed consent – the VA is required to provide you a paper copy before you sign this document. Again, this electronic system is in response to the HIPAA Laws or the electronic patient information mandate.

If something bad were to happen to you during a medical procedure, the defense you did not see what you are signing when you signed the electronic pad is not going to protect you. You may be barred (stopped) from recovering any damages against the health care provider or medical facility.

More importantly, informed consent is there to protect you. The words “informed consent” mean exactly that – – You are granting the physician the right to conduct the operation or procedure on your body knowing full well all of the possibilities for the outcome of this operation or procedure.

Informed consent Is a legal document to protect you. Any hospital is required to show you a written informed consent prior to you signing an electronic pad. Your electronic signature will be translated into the document.

Do not accepted a statement, that they will have to retrieve the form. Do not sign an electronic pad without knowing full well what you are signing. Yes – this means making the person requesting you sign go get the paper copy of the informed consent.

Protect yourself – know what you are signing. Consent only if you are properly informed and agree to the risks and Understand the medical operation or procedure. See https://www.attorneyforveterans.com/lawyer-attorney-1325515.html for a short explanation of informed consent.
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January 22, 2010

Health Care Changes for Retired and Tricare Eligible Veterans?

by Bob Goss

The Congressional Budget Office posted the changes for TRICARE as proposed by Congress in the Health Care plan of 2009-10.

At the same time politicians scream the country needs Health Care, the same politicians are silently taking away health care benefits earned by retired military men and women.

Men and women who accepted the call to defend this country, often at much lower wages than they could earn in the civilian world, because they made choices. These choices involved love for their country and other intangible and tangible issues including being told Health care was a benefit they would earn and have if they served 20 years and retired honorably. These brave men and women earned their Health Care. So why is Congress taking from the veteran?

Congressional staffers for years have looked at the veteran’s TRICARE and other related health care programs as a hemorrhaging budget item. Their solution, have the veteran pay MORE.

The rationale of the Congressional or DoD staffer is simple, they mistakenly claim civilians pay more. I argue the military member has paid much more than the civilian. Some veterans will never recover from their wounds. Other veterans chose to stay in the military under the belief Health Care was a benefit they would be provided while on active duty and after retiring.

Veterans paid by serving their country for 20 or more years. That was the contract between the United States and the military member / veteran. Serve your country honorably, retire, and receive Health Care as a partial compensation for accepting the duty and lower earnings over 20+ years.

While Congress screams to force business to pay for Health Care for their employees. Congress does not feel the same about their employees, military men & women. Veterans need to write their Congressional Representatives.

To read a synopsis of the Health Care which was proposed and how it affects TRICARE users read below.
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March 19, 2009

GETTING OLDER?? GET A COLONOSCOPY

by Bob Goss

Recently one of my staff had a few medical exams. This reminded me of a plea by Col. Tim Gann (not Brig. Gen. Gann), who came to the USAF Doctrine Center in 1997. Col. Gann stated a prostate exam had saved a fellow Army War College student’s life by catching the student’s prostate cancer. Col. Gann swore by this exam as a result. Later our PA, Col. Randy Dobbins, proceeded to stress anyone over age 50 must also get a colonoscopy.

Thus, when one of my staff underwent a colonoscopy I asked them, weeks later, to discuss this procedure to help others understand the procedure and the merits of having these exams. So without any further lead-in, their story:

I recently went for my first colonoscopy. They recommend them regularly after you reach 50 years of age. I have had several flexible sigmoidoscopies since I turned 50 but not the BIG C.