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Family malpractice recourse?


hulamatt

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Any recourse for veteran families that are injured "ptsd" due to va malpractice? All help appreciated thanks?

I'd say that's lawyer time! You would think that there "ought a" be a way. But suing the federal government is a very complex matter.

 

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Every lawyer ive talked to is like hmmm, going to meet somenpersonally and pay for their time andnthe case if i have to.  Inhave 1151 recourse but its my kids and female im worried about because they suffered alot due to the docs malpractice, im going to read the lawyer selection forum in a minute

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For FTCA you need a lawyer.  There is a 2 year statute of limitations on when the harm was or should have been discovered.  You have to file a complaint under the FTCA first, a lawyer should be consulted, but cannot do this part.  The consult is to put the right info into the complaint and the right amount of damages sued for.  Lowball this and you cant change it, ever.

 

1151 claims you don't have any time limits.  VA fights these usually tooth and nail.  If they deny, it goes to the BVA, and can go higher.  Long slow process, so get this off the ground quickly if you have evidence that substantially shows something like failure to diagnose.  Lots more info on this site, easy to find it.

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Also you will need a strong IMO/IME because FTCA/1151 issues require documented proof of medical malpractice, and also documented proof of a disability that was directly caused by the malpractice.

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