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FTCA Federal Tort Claims Action
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150 questions in this forum
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VA Malpractice award- 22.3 Million
https://www.syracuse.com/health/2020/02/cny-veteran-injured-in-surgery-at-syracuse-va-awarded-223m.html This is a very unusual situation-as to the fact that this vet was awarded less money years ago but the judge apparently erred big time on the amount. Everytime I see a Syracuse VA malpractice situation, I recall how their cardio doc told me there was"nothing" wrong with my husband's heart-as they treated him for a stroke- yet the cardio doctor just got the results of his ECHO, which I never saw until I filed FTCA and got the medical records, and it was the beginning of the unsuccessful cover up of major malpractice from 2 VAMCs in NY.
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A small victory for veterans in the VA health care system.
Some here might recall that this bill grew out of an extensive VA Office of Accountability complaint I made. It is a small start , but could help reduce the malpractice statistics of the VA. There is much more the VA needs to do however. The Senate has unanimously passed this bill. My complaint to the VA Office of Accountability stemmed from what I learned after my wrongful death FTCA case was settled. The references to the NPDB and the VHA Administrative , and from the GAO ,Handbook came from my input. The multiple doctors who malpracticed on my husband were never reported to the NPDB or to any NY state licensing board. They continued to be empl…
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Wrongful death and the SF 95
I have been quick to tell anyone with a potential FTCA case, that they can file the SF 95 themselves. It is their right. But I don't advise doing that, and in regard to any SF 95 for a wrongful death claim, I feel it is imperative to have a lawyer fill out that form for you. There are plenty of malpractice lawyers on the net, with FTCA VA expertise, and you can find them by state, who will review your evidence, advise you to get an IMO, as most FTCA cases need, and will know the state laws that control these types of claims, so they must be able to practice in the state where the malpractice occurred.
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Fayetteville AR doctor arrested / Johnson VA might have serial killer
https://www.justice.gov/usao-wdar/pr/fayetteville-doctor-arrested-charges-wire-fraud-mail-fraud-making-false-statements-and This is the pathologist who we, at the radio show crew, believe, caused the death of our technician Mike Sasser. His wife was advised to seek counsel, under FTCA. The Louis A. Johnson VA, in Charleston, W VA. might have had a serial killer......the person of interest however has been removed from the VA . http://wvmetronews.com/2019/09/04/more-families-come-forward-about-suspicious-deaths-all-on-3a-section-of-veterans-hospital/ I read somewhere that one veteran's body is being exhumed. Not the first time- VA had a seri…
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$2,000,000 VA malpractice
https://www.norwichbulletin.com/news/20190712/lawsuit-against-va-in-death-of-oakdale-veteran-settled-for-2m
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Independent contractors FTCA/1151
Please disregard my past information here on the issue of Independent contractors who work at VA and provide medical care to veterans. The issue started last year when I became involved with a very usual situation, whereby a disabled veterans was seeking help,via many news outlets, and seeking anyone with past FTCA experience. He has a bill in Congress on this ( HR 7105)-I rewrote the Bill for him only to find out that a major vet org has done the same thing. It was suggested ,by the vet org, that his bill be incorporated into a bill I have before Congressman Roe- But the info I found yesterday shocked me. And changed everything I posted here.I am beyo…
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Was your FTCA and/or 1151 claim denied because
because the doctor(s) you charged with negligence ,were NOT VA employees?
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to any Legal Beagles
I have a vet who was severely malpracticed on by the VA. His vet attorney, had a limited amount of work to do, and charged the vet 25 % of the compromise the vet received. My legal question is this: "No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this titleor any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title." https://www.law.cornell.edu/uscode/text/28/2678 He does not fall ito the 1346(b) criteria He f…
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FTCA for Caregiver Denial
I applied for and was approved for SMC L in 2015. I also applied for and was denied entry into the post 9/11 caregiver program in 2015. I'm aware of the 2 year statue of limitations, but I have circumstances that would allow for an argument that would allow for an argument that I wasn't aware until recently. I know that this is kind of light on details, but I'm not exactly sure what to put and how to proceed. Is a denial over entry into a caregiver program potential grounds for a FTCA lawsuit though?
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Did VA pay you for being a "litigation risk"?
In other words, did the VA deny your FTCA and/ or Section 1151 claim ,regarding malpractice- but instead paid you a lump sum because your situation was deemed as a "litigation risk." If so can you tell us where the payment came from? Was it ordered via the District or General Counsel-VA, or by OMLA (Office of Medical-Legal _VA)? If you are reading as a guest and received this highly unusual payment, can you join us to tell us why the General or District Counsel paid you this way? D you have a copy of the check? Does it say it is from the US Treasury? Is it defined on the check as Cimpensation? Do you have documented proof on any VA …
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tdiu 1151, When No Offset Regs
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCYQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptii%2Fch03%2Fpt04_sp02_ch03_secD.doc&ei=pfpoU9SCF4SPyATMzIKoBw&usg=AFQjCNF9K_I2UBBOXGTq0vWy6O0-OioFmw&bvm=bv.66111022,d.aWw Under # 13 "Change Date March 20, 2011 a. Principles for Determining the Offset Amount Under 38 U.S.C. 1151 The amount of offset must not deprive a Veteran of any part of the compensation payable to him/her if a claim under 38 U.S.C. 1151 had not been filed. Do not offset any amount if the disability compensable under 38 …
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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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