FTCA Federal Tort Claims Action

149 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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2. 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
3. 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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   12 answers
4. 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, 2021

   • ftca 2021 must
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   7 answers
5. FTCA overview info correction

   https://community.hadit.com/topic/42506-a-brief-overview-of-the-ftca/ I saw something odd here this AM. I saw a guest was reading the FTCA forum. That isn't odd. We get hundreds of guests here everyday and sometimes I like to see what they are reading- I have asked a few vets and widows over the years , to read our info there,regarding FTCA and to join the site. Part of the info in the above link is my personal experience with FTCA, but when I read it- it did not seem to be what I would have written in that link- which Carlie had written and posted and then I noticed in 2015 that TBird had edited the linked topic. I dont know what happened to my …

   Asked by Berta, June 7, 2021

   • ftca correction
   0 votes
   7 answers
6. Ftca And 1151 Info Bumped Up

   In this link: is a brief overview of the FTCA claims process. I need to stress a few points I made: “The SF 95 form is the first legal document you will be filing. Most lawyers want to prepare this form themselves.There is a specific type of wording that is needed in Question # 8 as to the cause of action.Your lawyer will know how to file this form with the Regional Counsel who has jurisdiction over the alleged malpracticing doctor (s) you name in the charges.” I have put the template I used somewhere in this forum for my SF 95 but a lawyer might well want to state it differently than I did. You or your lawyer must make the point that the treatment ,…

   Asked by Berta, May 21, 2013

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   13 answers
7. Inspector General -VA Report on the horrible Fayetteville VA situation of 2019

   I believe the VA saves lives Every Day. Still mistakes are made. This is the final report on the Fayettville situation of 2018. Searchable here. I and 2 vets from our radio show podcasts fully believe Mike Sasser ( Stretch) long time hadit member and our technician for past radio shows, was dead because of the errors of this pathologist, Robert Levy. I gave the wife via Jerrol Cook, producer of the radio shows, a lawyer to contact, after I spoke to him at length But I understand she never did file.( or maybe she did but did not want anyone to know that) https://www.va.gov/oig/pubs/VAOIG-18-02496-157.pdf This is just part of the OIG’s report: .” Afte…

   Asked by Berta, June 3, 2021

   • va inspector general fayetteville va
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8. VA settlement $2.75 Million Malpractice

   https://pittsburgh.cbslocal.com/2021/05/21/pittsburgh-va-settlement-botched-surgery/ Pittsburgh VA Hospital To Pay $2.75 Million To Veteran Whose Surgery Was Botched My bill on VA malpractice has passed the Senate and the H VAC has sent it to a sub committee on health. S 221- it is an attempt to save lives, forcing the VA to honor the NPDB mandate, and identify malpracticing doctors who must be disciplined.( or canned)

   Asked by Berta, May 22, 2021

   • va settlement $2.75 million malpractice
   0 votes
   7 answers
9. Additional FTCA/1151 info

   This issue came up here a few times over the years, and also some months ago---but it bears repeating. In Most of the 1151 and/or FTCA questions we see here- it is obvious that the veteran's health care same solely from the VA. In a widow’s issue, months ago - it took quite some time for us to realize that the veteran’s surgery, which seemed to contribute to his death, was acvtually done at a non VA facility.That is not a valid basis for 1151 or FTCA charges against the VA. These types of claims can only be filed in regards to actions of actual VA employees. The BVA explains this in the following decision: “As an initial matter, compensation p…

   Asked by Berta, January 31, 2018

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   1 answer
10. 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, 2021

    • disclosure vets harmed bill
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    5 answers
11. 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
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12. 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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13. 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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    2 answers
14. 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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15. 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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16. $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
17. 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
18. 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
19. 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
20. 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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    2 answers
21. 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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    2 answers
22. 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

    0 votes
    13 answers
23. 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

    0 votes
    10 answers
24. 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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    2 answers
25. 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