My question involves medical malpractice in the state of: Virginia
I am currently in the middle of a Medical Malpractice lawsuit against the Department of Veterans Affairs. I am proceeding pro se, but my case is going very well. On the same day I filed my Plaintiff's Expert Disclosures, I received a letter from the VA Medical Center that is named in my suit. Turns out the VA wants me to come in for a physical examination. Better yet, guess what doctor was scheduled to perform the examination? The same doctor specifically named as committing MedMal in my Independent Medical Evaluation! I was surprised by the letter, and the next day a cancellation letter arrived, but the VA merely assigned a new doctor to perform the examination.
To clarify, I have not stepped foot in the VA Primary Care Clinic in almost 2 years, and I most certainly did not request this appointment. I am a 100% disabled veteran, and thus I have earned full and complete health care, but due to the VA's actions, I have been forced to pay for my own health care outside the VA now and doing much better. At the very least, I will be putting together a Motion for Clarification to the Defendant for failure to adhere to guidelines set forth in Rule 35 of Federal Rules of Civil Procedure, Physical and Mental Examination.
Since my situation is rather unusual, I doubt anyone will be able to provide any specific help. I will however ask if anyone knows how best to hold this clear and unmistakable error up to the Judge as a serious case of crazy-pants on the part of the Defendant. Or, should I just push the motion and let the Judge decide for himself how improperly the Defendant has acted.