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Tort Claims?


Buck52

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  • HadIt.com Elder

If Veteran files a tort claim against the VA & Their Dr's Surgeons ect,,ect,,  for screwing up a veteran use of Hand because of Manipulation and tore the veterans tendons...From trying to Break the Chord in his hand with Dupuytren's contraction...none of the Dupuytren's in SC but VA Dr's Tried to correct it with  certain type of expensive Enzyme injections and pain killer injections ( Deaded the Hand) and Manipulated the fingers back to straight position. VA Diagnosed this as Dupuytren's Contraction 

if the veteran wins the claim  and  compensated  will they  add that to what the veteran is currently getting on his SC Disability? or is it a one time payment?

Anybody know?

.................Buck

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http://www.va.gov/OGC/FTCA.asp

"Claims Under the Federal Tort Claims Act

The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred."

I don't expect this to ever change as to 'Government employee.' But the USA, 'if a private person' could be found liable....so

I think the contractors under Choice program would be considered private persons, and therefore could be sued outside the FTCA scope as private individuals who are medical professionals.

This is a good question for any vet lawyer who appears on our future  radio shows.

If you read the VA link, don't buy what they are selling as to not having to file a SF 95.

The SF 95 has information they need at the bottom of it and a VA OGC lawyer told me this area is why many FTCA claims are rejected right away.

Anyone filing a FTCA charge who doesn't use the SF 95 must be VERY carefully to add information that those 3 areas require and to total it all.

If they do that part right and word the FTCA charges carefully , and cover in their letter of submission ALL the info required on the SF95 , the OGC will accept the charge, as if it was on a SF 95 ,but why take a chance that they won't.

I already explained those 3 areas that OGC finds errors in and rejects or denies those claims here at hadit somewhere.

The errors could be fixed probably in some cases but all that takes time and pisses away the SOL timeframe.

It is best to have a lawyer file it all out...and not just any lawyer...a bonafide medical malpractice lawyer who has dealt with VA FTCA before.

.

 

 

 

 

 

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