ABC 7 News
Robin McMillan and Lisa Bartley
October 9, 2018
NO LEGAL RECOURSE - CALIFORNIA STATUTE OF LIMITATIONS EXPIRES DURING VA DELAYS To make matters even worse - during the eight months it took the VA to tell Brian that his primary care physician was a not a VA employee, the California one-year statute of limitations on medical malpractice had expired - meaning he could not sue in civil court either.TEMECULA, Calif. -- Brian Tally is a military veteran, a husband, a father of four - and until a few years ago - a successful small business owner. Now, he spends much of his day in a beat-up recliner chair, the only relief he says from unrelenting pain.
"There's not a day that goes by that I'm not in pain," Tally said. "This is the only thing that takes the pressure off my spine."
Brian served four years in United States Marine Corps, but now he's in what he calls the fight of his life.
Brian's downward spiral began in January 2016. Severe back pain, night sweats - he made urgent phone calls to his primary care doctor through the Department of Veterans Affairs. She prescribed painkillers over the phone.
The pain only got worse. He went to the VA's emergency room in Loma Linda twice. Both times - he did not get to see a doctor. And twice - no one ordered a simple blood test.
"I was on the floor, I was in traumatic pain...I was literally in tears," Brian recalled. "They gave me an X-ray and the VA ER in Loma Linda diagnosed me with having a low back sprain and told me to go stretch."
He was seen by a nurse practitioner both times, but again - no doctor.
Brian followed up, as instructed, with his primary care physician at the VA clinic in Murrieta.
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