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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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. 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
   0 votes
   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
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   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. 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
11. 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
12. 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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13. 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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14. 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
15. 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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16. 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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