After a normal day, Marine Corp Veteran, Brian Tally, couldn't even get out of bed because of debilitating back pain. His wife took him to the VA Loma Linda Hospital. After an x-ray, the medical staff in the emergency room sent him home with painkillers and a diagnosis of a sprained lower back. When the pain persisted, Brian then wanted a second opinion and sought help at the VA Clinic in Murrieta. With the same diagnosis of a probable lower back sprain, the vet was sent home again.
Fast forward four months, and Brian was still in constant severe pain. He wanted to get answers. He went to a private imaging facility and paid for an MRI out-of-pocket. It was discovered through the MRI that Brian had to get surgery–and there was not much time to wait. The VA scheduling wait was nine months, but Brian's condition required a speedy operation. Through the Veterans Choice Program, Brian was able to receive surgery on his spine 4 weeks later. The blood sample during surgery revealed he had a bone-eating bacterial infection that left Brian with permanent disability.
Due to the VA's negligence in failing to diagnose his bacterial infection, Brian sought compensation, but his claim ultimately got denied because his providing physician was a private contractor and not a VA employee.
Brian then sought the help of our VA & Military Medical Malpractice firm who helps veterans and military families nationwide. Brian's case is not a rare occurrence. The attorneys at Rawls Law Group are seeing more misdiagnosis cases through the VA and many veterans and their family members, as they're going to the hospital or clinic, don't know who’s a contractor and who's an employee.
Brian's family has setup a GoFundMe page to help alleviate some of the financial burden that is a result of his debilitating condition.