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FTCA Federal Tort Claims Action
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150 questions in this forum
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A Brief Overview Of The Ftca
A Brief Overview of the FTCA Malpractice and medical negligence can happen at any top notch private hospital as well as within the VA health care system. VA heath care is most often as adequate and proper as health care found anywhere in the world. But medical errors can happen. Any medical error, which could be an omission of a proper medical act as well as a documented prime facie act of negligence ,and which is not corrected immediately by the VA ,could result in additional disability and even death.The Veteran who was set for surgery a few years ago for removal of a gangerous leg, woke up after his VA surgery to find the good leg had been removed by VA inste…
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Ftca - Check This Before Posting Your Question It May Have Already Been Answered!
http://www.google.com/search?hl=en&q=f...mp;aq=f&oq=
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Perfected Ftca
I filed a letter of complaint to BVAMC after suffering a heart attack and residual damage due to their (BVAMC) not addressing the diagnosis and complaint (non treament of a known condition for 3 years ). Instead of filing a complaint claiming an amount certain the VSO told me I could write a letter of complaint to the hospital but not to enter an amount for damages ! Of course they never replied to my letter.And I filed an 1151 within the 2years of my heart attack. It was denied after 4 years in the merry go round called adjudication. But strangely enough they awarded a 100% rating for heart shortly after learning where I was going with my complaint.. I did not even su…
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ptsd New To Habit, But Need Help And Suggestions
I have been researching this for sometime now and haven't even found anything close to this type of lawsuit online. I already have a lawyer so that part is already taken care of. I suffer from 30% PTSD at this time. I served in OIF1. I have been seeing a physiologist at the VA for 5 years every week on Tuesday. I have been working forever on trying to figure out a better way to live with my PTSD. I work as a contractor in my everyday life supporting my family and a nice chunk of bills. One day I get a call from a lady telling me that she wants some work done on her house and like the business man I am I get right on it, through the talks and all I get the job. Shortly aft…
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This could happen to you
This is a very unusual story-I am contacting his attorney because I dont know what kind of settlement he got- maybe he appealed the 1151 denial. We had a widow here about a year ago, in the same predicament. She was trying to file for wrongful death of her husband but VA said the doctor was not a VA employee, but a private contractor-working for the VA. When I FTCAed them I made sure that all of the doctors who malpracticed on my husband were definitely VA employees. “Still, Brian was hopeful because he said the new VA attorney handling his tort claim told him that a financial settlement was likely - and that an expert for the VA concluded his primary care …
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VA Malpractice
https://www.disabledveterans.org/2018/04/13/va-put-veterans-lives-risk-not-running-background-checks/ I think sometimes I gripe too much here about the way my husband died ( due to VA health care). Then I read something like this and feel I don’t gripe here enough- This article is old news- ( published May 2016)I just don’t have time this minute to find the latest tally on VA malpractice: In Part: “The number of legal settlements made by the Department of Veterans Affairs has more than tripled over the past five years largely due to a spike in medical malpractice cases and bungled construction projects, the Daily News has learned. The…
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Vet Severely Disabled Due To Va Prescribed Meds
Not sure If I have a case here, please advise. My husband started going to a VA Clinic in 2009. He was prescribed a drug called risperidone by a psych doc. After 6 months or so he began to shake, and had involuntary movements....not severe but noticeable. The drug was not effective so they kept raising the dose.....over time his involuntary movements became worse. We went to a C&P exam in 2010 for a schizophrenia claim and it was mentioned in the exam report that he had Tardive Dyskinesia.....a involuntary movement disorder brought on by the meds he was prescribed....this was the first time that I was made aware of his condition. I ordered his treatment notes a…
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Looking For A Ftca Sample Complaint Or Template
My husband and I are 1) looking for a lawyer to handle a FTCA suit, but in the meantime don't want to lose our six month deadline (after the denied Admin. process) and have to file the initial paperwork ourselves. :D Does anyone have a sample or template complaint that can be used as a guide? I heard that a hadit member (Berta?) had a successful filing; is that complaint or lawsuit available online to give us an idea of what the format needs to cover for the fed court? Any assistance given is greatly appreciated. Thanx and blessings all! B) AFWife
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Ftca And 1151 Info Bumped Up
In this link: is a brief overview of the FTCA claims process. I need to stress a few points I made: “The SF 95 form is the first legal document you will be filing. Most lawyers want to prepare this form themselves.There is a specific type of wording that is needed in Question # 8 as to the cause of action.Your lawyer will know how to file this form with the Regional Counsel who has jurisdiction over the alleged malpracticing doctor (s) you name in the charges.” I have put the template I used somewhere in this forum for my SF 95 but a lawyer might well want to state it differently than I did. You or your lawyer must make the point that the treatment ,…
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Va Pain Clinic Fails To Renew My Script
For some reason the VA pain clinic failed to renew my fentanyl patch script. I got my oxycodone today in the mail but no fentanyl patches. When does the constant screw-ups over my medications become malpractice or a tort? Every month no matter who I talk to at the VA, or what I do in advance the VA fails to get my script to me and I run out and go into withdrawl. I call the pain clinic....nobody home. I call advocate....busy. I call phramacy and they email the pain clinic asking why my script was not renewed. This is affecting my mental health being on pins and needles every month. Now I am facing a long weekend and I can't get into contact with my doctor at the pain clin…
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Would Like To Know If I Have A Claim Against The Va
Hello all, I would like some advice about my situation. I went to the VA hospital in 2003 to have my Gallbladder removed. I had the surgery done and was told and it's stated in my medical records that my Gallbladder along with stones was removed and sent off to Pathology. 6 months after operation I returned to the VA hospital complaining about the same symptoms I had before the gallbladder was removed. I was told it was gastritis and sent home with meds. Over the years I was experiencing constant stomach issues and was always in the emergency room or hospital. Each time I told the doctors that my gallbladder was already removed by the VA hospital. I went thro…
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Template Sec 1151 Claims
Template for Section 1151 claims To VARO etc This is a claim filed under auspices of Section 1151,38 USC. I believe my VA medical records will reveal that I did not receive a standard of VA medical care comparable with that of the standard medical community, regarding treatment (or non treatment) of my (put disability here that they malpracticed on) and as a result of the VA's medical errors I have incurred an additional disability of ( put the additional documented disability here that you claim is directly due to the malpractice. Add any secondarys to this that also are due to the 1151 disability.) I have listed and enclosed the following medical recor…
0 votes8 answers