Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
FTCA Federal Tort Claims Action
Explore Questions
There are no popular questions to show right now
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
150 questions in this forum
-
DWJ please post your question here.
There is a lot of significant info in this forum-that I learned as a successful FTCAer. But I always make the point that this type of claim against the VA should have a strong IMO/IME and also ,if possible, a good lawyer familar with VA malpractice. I do not see the basis for your claim in the profile post you made, because I did not see any residuals mentioned. Under # 8 on the SF 95 the charges must be clearly defined as tyo how the veteran did not receive timely diagnosis and treatment, comparable to the "Standard and Usual Medical community" ( a legal term meaning non VA doctors would have handled the care differently. Under 10 the form asks for …
0 votes1 answer -
Is this FTCA worthy?
Is this FTCA worthy? Thought I was posting in the correct Forum with my original post...know this is in Berta's wheelhouse: I am receiving 100% TDIU (90% SC w/remaining based on IU) since 2014. Saw an APRN from 2010-2016. In that time they (APRN/MD) prescribed Lorazepam at first 2mgs (1mg twice a day). Had already fought VA solo for a decade in getting the diagnosis for SC PTSD and GERD back-dated and had tried a laundry list of prescribed meds but had had no luck. I was asking the APRN repeatedly about depe…
0 votes10 answers -
FTCA Attorney
I need an FTCA attorney. I have a Wyoming attorney willing to stand in as the Wyoming attorney for filing in the U S District Court for the Wyoming District. Is any available frequenting this site or can I get a referral from someone. The case involves prescribing a medication, Tegretol, for "atonic seizures" that was contra indicated, made my condition worse and then the West Los Angeles VA RMC Seizure Clinic refused to change medications. When It made me so bad, after 5 months, that I weaned myself off an quit the drug they still wouldn't provide a different drug and instead diagnosed me with "pseudo seizures" which cannot be done if there is a record of epilep…
0 votes28 answers -
Requesting Advice in filing a Federal Tort Claim against the VA
I had an operation done on my Right Foot in Feb. 2017 for a service-connected injury. There were some complications from the surgery and I almost had one of my toes amputated due to the surgery. I then contacted an attorney who is interested in my case. My question is, can I still file regular claims if I have a Federal Tort Claim in process or do I have to wait until the Tort Claim is settled? Will filing a Tort Claim affect my VA percentage of 90%? If I am still under the care of the same Doctors mentioned in the claim, will the doctors be notified ? or will I be assigned, different doctors? I appreciate any advice. Thank You
0 votes6 answers -
Minors and FTCA- no Statute of limits
Within this older post I made in 2013, it seems minors would have no SOL (Statute of Limits) in filing a wrongful death case against the VA. I assume they would have to be a natural, step,or adopted child of the veteran ------someone would act in their behalf. I need to find more info on that and will post that info here when I get time.
0 votes1 answer -
$900,000 Ftca Award Failure To Treat
The Department of Veterans Affairs this month agreed to pay $900,000 to settle a lawsuit filed by the family of a Washington man who died in late 2012 after a VA scheduler failed to refer him promptly to specialized care for melanoma. Read more here: http://www.thenewstribune.com/2015/01/24/3603545_va-settles-for-nearly-1-million.html?rh=1#storylink=cpy
0 votes16 answers -
Va police assault and battery in Emergency room
Long story short if possible , took husband to VA ER for his ptsd his Dr called and said a bed had cleared and to bring him the ER was aware and a certificate of need was already in place. At one point I was made to leave him ( never before have I ever been told I couldn't be with him in ER) when they let me back in I was informed a va police officer had slapped him across the face bloodying his nose. When I asked about filing a complaint I received the run around for about 10 days . In the mean time this officer issued John 4 federal citations including assault on an officer. I filed a complaint with OIG witness statements prove my husband never even made a move to …
0 votes14 answers -
2.5 Million Phoenix VA malpractice
http://www.disabledveterans.org/2017/03/07/veteran-wins-2-5m-prostate-cancer-case/
0 votes0 answers -
ptsd Do I have a legitimate FTCA ?
Your advice in the past has helped tremendously and I thank you for that. I now need your guidance once again. On Friday December 2nd, 2016 I went to the VA outpatient clinic in Knoxville, TN for a follow up on, what I thought at the time, was an sprained ankle. My Primary care manager never asked about my ankle but went straight into questions about my depression and PTSD. This immediately puts me in a negative thought pattern mode and she recognizes this and continues further with questions if I want to harm myself. I answer "no" to all questions about harming myself or anyone else at any time. I also answer questions about my past suicidal attempts, which happen…
0 votes3 answers -
No After follow up care from VAMC question for Berta
Is the VAMC responsible for treating a veteran spouse for major medical issues and then close all the speciality clinics and no follow up after care/Rehab...and now because of this her health has deteriorated badly. can the VA be held responsible? With my spouse its like the VA does treat her for a major medical issue but refuse the after care and rehab, they did this with her triple heart by pass and her wound got infected after they sent her home we went back to the VAMC and the surgeon that did her heart surgery was on the heart floor he seen her and took her in a room with a nurse the Dr had the nurse to go get a pair of scissors and he cut her wound o…
0 votes12 answers -
Question about Active Duty medical negligence
I posted a little about this in another forum but it was structured as a question about my C&P so some of this may be a repeat for the frequent visitors. I had my C&P exam at the end of April. At that exam they asked if I had ever been depressed or seen a mental health professional. I said yes to both but that I had never been diagnosed with depression. I had seen a mental health professional back in 2012 when I was trying to get my chronic pain diagnosed (while I was Active Duty). It was basically an appointment to determine if my pain was "all in my head". That C & P examiner put in a request for a mental health exam. I got the appointment letter in th…
0 votes3 answers -
Ftca?
Is a medical records violation tort worthy?
0 votes1 answer