Veteran files grievance, alleges VA psychologist practiced outside scope of expertise

A Purple Heart recipient from the Iraq War and his wife have filed a grievance against a doctor at the VA Medical Center at Fort Harrison, accusing him of practicing outside the scope of his expertise when evaluating the residual effects of traumatic brain injury.

On Nov. 8, 2013, a screening panel with the Montana Board of Psychologists found reasonable evidence that VA psychologist Robert Bateen caused retired U.S. Army Capt. Charles Gatlin unreasonable risk of mental harm and financial loss by using the incorrect panel of tools to assess the residuals of his traumatic brain injury.

The board also found cause that Bateen failed to consider Gatlins prior medical evaluations, and that Bateen erred by offering opinions in an area of psychology for which he was not qualified to practice.

Hes a psychologist making neuropsychological observations, Gatlins wife and caregiver, Ariana Del Negro, said last week. Its as if the VA sends a patient with cancer to an eye doctor for assessment.

The state Board of Psychologists agreed in part when it found reasonable cause in November. The results are now being contested by Assistant U.S. Attorney Victoria Fancis, whos representing Bateen before the Hearings Bureau with the Montana Department of Labor.

In her motion to dismiss the case, Francis argued the state board lacks jurisdiction in the matter, saying it cant pursue claims against employees for actions taken as a federal worker. She also said Bateen followed VA protocol when examining Gatlin, and that Montana doesnt require a psychologist to have a specialization in neuropsychology.

Francis has asked the Hearings Bureau to dismiss the case, saying such claims represent a form of interference and intimidation of the VA and its employees. If the findings stand, she added, it could increase the VAs cost of providing mental health care to veterans.

The result can be that in every case where there is a TBI, the board will need to require a full psychological battery in order to avoid claims against (its) employees by state licensing boards, Francis said. This can have significant monetary consequences and delay.

Francis said she wasnt free to discuss the ongoing matter and referred to her motion to dismiss the case.

David Scrimm, chief of the Hearings Bureau in Helena, said the hearing has been set for early June. However, the motion filed by Francis arguing the state lacks jurisdiction may trump the issue altogether.

See the original post here:
Veteran files grievance, alleges VA psychologist practiced outside scope of expertise