FTCA Federal Tort Claims Action

146 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

   0 votes
   3 answers
4. 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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   7 answers
5. FTCA info 2021 a must read

   I am again reposting what is already here on FTCA-I do not intent to repeat this info again. FTCA regulations have not changed since I FTCAed the VA decades ago. This first paragraph ,current to the VA web site, contains everything a claimant must prove: "Office of General Counsel 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…

   Asked by Berta, March 30

   • ftca 2021 must
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   4 answers
6. New Bill grants disclosure info to vets who might have been harmed by VA health Care

   In Part “Veterans Affairs officials will have to provide basic legal advice to veterans who file medical malpractice claims and provide information on local staffing issues … The new legislation mandates that the department provide ‘notice [to vets] of the importance of securing legal counsel’ and clearly identify the employment status of any individuals involved in the case within a month of a veteran submitting a malpractice claim. VA officials had opposed the idea, saying it creates unnecessary burden on staff.” Vet, with aid from Congress, forces VA to increase disclosures in malpractice cases | Patrick Malone & Associates P.C. | DC Injury Lawyers - JDS…

   Asked by Berta, March 5

   • disclosure vets harmed bill
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   5 answers
7. Navy seal sues VA over New Caregiver program

   Former Navy SEAL, Wife Sue VA Over New Caregiver Program Rules | Military.com This will be Very interesting- it should probably be a class action- I just hope it flies.

   Asked by Berta, December 3, 2020

   • caregiver
   • seal
   0 votes
   0 answers
8. 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, 2020

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9. 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

   0 votes
   2 answers
10. 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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11. 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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12. $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

    0 votes
    6 answers
13. 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
14. 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

    0 votes
    1 answer
15. 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
16. 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

    0 votes
    2 answers