FTCA Federal Tort Claims Action

143 questions in this forum

1. 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…

   Asked by carlie, February 27, 2011

   • mst
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3. 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=

   Asked by Tbird, August 10, 2008

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   3 answers
4. 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.

   Asked by Berta, February 6

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5. 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…

   Asked by Berta, December 23, 2019

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6. 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.

   Asked by Berta, November 19, 2019

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7. 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…

   Asked by Berta, September 7, 2019

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8. $2,000,000 VA malpractice

   https://www.norwichbulletin.com/news/20190712/lawsuit-against-va-in-death-of-oakdale-veteran-settled-for-2m

   Asked by Berta, July 12, 2019

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   6 answers
9. 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…

   Asked by Berta, June 7, 2019

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   3 answers
10. 1151 and/or FTCA advice

    I am putting this link here: https://community.hadit.com/topic/74381-filing-a-claim-for-a-heart-attack-due-to-nsaids/page/6/#comment-466477 so that I don't have to repeat the advice again- If anyone vet or survivor of a veteran, feels the VA malpracticed on the veteran, they need to obtain an IME, if the vet is alive, or an IMO if the vet has expired. They will need to give the IMO/IME doctor ( who should be a specialist in the prime and/or secondary cause of death, on the death certificate) the complete VA medical records of the veteran and copy of autopsy findings if an autopsy was done.

    Asked by Berta, June 4, 2019

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    3 answers
11. Was your FTCA and/or 1151 claim denied because

    because the doctor(s) you charged with negligence ,were NOT VA employees?

    Asked by Berta, May 29, 2019

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    1 answer
12. 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…

    Asked by Berta, May 27, 2019

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    3 answers
13. 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?

    Asked by mbl22885, May 25, 2019

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14. 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 …

    Asked by Berta, April 7, 2019

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15. 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 …

    Asked by Berta, May 6, 2014

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    13 answers
16. 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…

    Asked by Berta, April 13, 2018

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    10 answers
17. OGC lawyer will not give me any info on my claim.

    Hi my sf95 was accepted 12/2017. I had been emailing my GC lawyer but he sends a one sentence response maybe every 10 emails. I sent an email in Feb 2019 in which the lawyer stated he should be done with my case next week. This was almost 2 months ago. I called the OGC in Washington about 2 weeks ago I was told I was still in peer. Is there anyone that I can speak to to get more info. This is so frustrating.

    Asked by Navycutee, March 28, 2019

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18. FTCA SF 95 Pro Se...

    I have been granted 60% additional disability rating (not to worry, I was already at 100% prior to filing the 1151 claim). I am now about to file the SF 95 along with evidence... I am SO confused as to where to physically mail the SF 95 and evidence! Treated at Togus VAMC. Live in Maine... Thanks, G

    Asked by maine1963, February 1, 2019

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    19 answers
19. Wrongful Death- FTCA and 1151

    If a surviving files under both FTCA ( the regulations are here in this forum) and also under Section 1151, 38 USC- and their claims succeed, there is an offset factor that is explained here- regarding the negotated settlement and offset amunt that is determined at the Distrrict counsel level or at the OGC in DC. I often see the full offset of the settelement regarding any 1151 DIC award. in BVA denials of DIC under 1151. I negotiated with OGC directly- for far less of an offset that the full amount- The benefit of filing both FTCA and 1151 is this- the USA does not state in the settement , what the VA actualy did to cause the wrtngful death. In my 1151 …

    Asked by Berta, January 1, 2019

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20. FTCA

    Local V.A. failed to diagnose my Graves' Disease for several years even though I clearly had documented symptoms and blood work that showed thyroid dysfunction. They blamed the symptoms on other things, and just totally ignored the blood work. Graves' Disease is not that bad of a disease if detected and treated, but if left untreated it does all kinds of damage to your entire body. Mine was left untreated for so long that it created what is known as a thyroid storm (very deadly) and heart failure. V.A. sent me home the day I was having the thyroid storm and heart failure. Told me I was just having panic attack. Local E.R. (civilian) saved my life a couple hours late…

    Asked by ericledusmc, December 12, 2018

    • 1151
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    9 answers
21. 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…

    Asked by silke, March 23, 2013

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    14 answers