News Va Won't Allow Doctor To Testify In Favor Of A Vet In Family Court

[Traffiktix]

A Vet in Syracuse, NY is trying to get joint custody of his child. His mental status is at issue in this matter. He wants his psychiatrist to testify. The Doctor also wants to testify. The VA won't allow the Doctor to testify. A court battle is now going on about this.

 

[Barberian]

I believe his notes (medical records) can be submitted. If worded right, they may help. The vet can request a copy of his medical (psychiatric). I'm not a lawyer, nor do I play one on T.V.

 

[Traffiktix]

Medical records have to be certified or have a doctor testify to have them submitted in a trial. The VA will allow neither.

 

[Loveneverfails]

What is their reasoning? I thought if it was voluntary, his records could be disclosed?

 

[Traffiktix]

The VA's reasoning (so far) is because they can. Many solders with PTSD are being denied custody/visitation or their visitation is being restricted because they have PTSD and they don't have the doctors or other treating personal available to come to court and explain that solder's situation. The VA's solution is to have another (non-VA) psychiatrist interview the solder for maybe an hour and to do a custody assessment. Not only does this cost the solder more money (usually in the $2000 range), but it does not explain his/her specific PTSD. And as you are aware, a lot of people don't understand PTSD and this is resulting in unfair presumptions being cast on the solder.

 

[Loveneverfails]

Sounds to me like they're concerned about fraud. Thinking if they bring in their own psych for the assessment there is less chance of the the psych saying exactly what the patient wants them to say. Problem is, you can't get to know a case in one session just as you said. Not when it comes to whether or not they're fit for custody of a child. You have to look at the entire situation. It's unfair and sad that they're getting away with this. Especially when it potentially tears families apart.

 

[Lucycat]

I am assuming VA means Veterans Association? I cannot believe that they have that much power to determine who can or cannot testify. I would have thought that was up to lawyers, barristers and judges to decide.

Is it because the doctor is employed by the VA? Are they fearing litigation if their doctors are compromised?

Seems like a bit of a mess to me.....

 

[Barberian]

subpoena the doctor under court order, the va won't be able to stop it. Once again, I'm not a lawyer, nor do I play on on tv.

 

[Traffiktix]

The doctor is subpoenaed and the VA is using federal law to say that the Court can't order the Doctor to be here. Unfortunately, I can't post the article.

 

[anthony]

What is your role in this? I have removed the references to the site, as it is promotional at this point.

 

[Traffiktix]

Oh sorry, just trying to provide a reference point. I represent some soldiers in similar situations, so I am assuming it is a problem in other locations too. I feel bad for the soldiers that have been in treatment for years and are doing well, and they don't have the support they need in Court just because they went to a VA doctor instead of a private doctor.

 

[anthony]

Please ensure you do not self promote your cause, as admirable as it is, this site has a zero self-promotion / advertising policy. Feel free to discuss an issue, though please steer clear of promoting it.